










c /^&r<* ° *f y 




• 4 o. 







«bV 







* **. 












S AW'. V,** « ^ ?tife \. 









■V ^ ••' 








-w A $8?V 



v . # *♦ . •yjs?- 1 # \ -.jap;- y ++ -w 







?k* ~\ jy .• 











v-v 



• . » • .0 








^ . 







^" ##Vo ° A* V 




* ►< 



o g^s v .*.&■»-„ >^ 



^•<Sik " J>4*&\ c^.^%^' 



> V 








^°V 





^O 1 











DIG-EST 



OF 



patriotic Histopy 






•AND- 



Oivil Government 



BY 




/ 

W. JEFF LEE 




AND 



W. B. GWYNN. 



LOUISVILLE, KY., 
1889. 






u 



COPYRIGHTED BY 

GWYNN & LEE, 
1889. 



Press of Electrotyped 

Educational Courant, By Kobekt Rowell, 

Luuisville, Ky. Louisville, Ky. 



PREFACE. 



Dear Friends and Students : — 

A pleasant task we have had in searching out and set- 
ting in order the truths of history and principles of 
government found in this little volume. We submit it 
to you, upon its merits, with the fond hope that you will 
find it not only a pleasant study, but one that will be of 
great profit to you and serve to endear to you and help 
you to exult in the triumph of the long tried principles 
of our own free and happy government. It is not a 
commentary but a hand-book that we trust will be satis- 
factory to you on any point connected with the subject 
that falls within its province. We fear, of course, that 
it has many short-comings, but we hope you will not be 
harsh in your criticisms, but that you will appreciate it 
for what it is rather than what it is not. You will find 
the topics and ideas easily led and that they follow on in 
easy relief, so that it will not weary the brain to compre- 
hend them and thus make them your own. The differ- 
ent parts are so arranged as to show the status and rel- 
evancy of the times and topics of which they treat, and 
the chapters are of about the proper length for a pleas- 



iv. PREFACE. 

ant recitation. Part the First treats of General Prin- 
ciples, Patriotic History, etc. Part the Second treats 
of the Workings of the Government under the Constitu- 
tion, and Part the Third is devoted entirely to Ken- 
tucky, its History and Local Government, which, we 
trust, you will find exhaustive and satisfactory. We 
have endeavored to produce a thorough and satisfactory 
work and not a mere abortive effort to meet the exi- 
gencies of the hour. We have been engaged in teaching 
for many years and hope we have not taught in vain ; 
and now, if, through this medium, we may be able to en- 
large our field of usefulness, our hearts shall overflow 
with gratitude for such an opportunity. So, with a hope 
that you will master these principles, and thus live a, 
higher, freer and better life, we are 

Yours truly, 

THE AUTHORS. 



Part First. 



GERMS OF CIVIL LIBERTY AND FIRST 
CONSTITUTIONS. 



CHAPTER I. 

What is Government? The exercising of a controlling 
influence or power. 

What forms of Government may be mentioned ? Pa- 
triarchal, Theocratic, Monarchical, Aristocratic, Demo- 
cratic and Republican. 

What is a Patriarchal Government? One in which 
the father governs. Abraham was a patriarch. 

What is a Theocratic Government? One ruled di- 
rectly by the Diety ; as the ancient Israelites were. 

What is a Monarchical Government ? A government 
ruled by one person. 

How many kinds of monarchy are there ? Two, abso- 
lute and limited. 

What is an absolute monarchy ? One in which the 
governing power is unlimited and arbitrary. 



6 PATRIOTIC HISTORY. 

What is a limited monarchy? One in which the 
power of the ruler is limited by a Constitution. 

What is an Aristocratic Government ? A government 
by a select few. 

What is a Democratic Government ? One by the peo- 
ple direct. 

What is a Republican Government ? One whose laws 
are made by representatives elected by the people. 

Give the three principal kinds of government. Abso- 
lute Monarchies, Limited Monarchies, and Republics. 

Give examples. Russia, Great Britain, United States. 

How many kinds of law are there ? Military, civil, 
and parliamentary. 

What are military laws ? Those by which soldiers are 
controlled. 

What are civil laws? Those by which citizens are 
controlled. 

What are parliamentary laws ? Those by which legis- 
lative and other organized bodies are controlled. 

What is the foundation of all good government? A 

Constitution. 

chapter II. 

What is a constitution? A bulwark of liberty; a 
fundamental law of the land; the expressed wishes of 
the people ; a document that prescribes what we may or 
may not do, and what we shall or shall not do. 

Which was the first great constitution ? The Magna 
Charta. 

When was it granted ? In 1215, June 15. 

By whom ? King John of England to the Barons. 



PATRIOTIC HISTORY. 7 

Why did he grant it ? Because it was demanded of him. 

Why did the people demand it ? To break up des- 
potic rule and secure to themselves more liberty. 

What germs of liberty and enlightenment had been 
planted before this ? The right of trial by jury and the 
founding of Oxford College and other institutions of ed- 
ucation and enlightenment.* 

When did the first English parliament convene ? In 
1265. 

When did the House of Commons meet in a separate 
chamber ? In 1295. 

When were the two houses of parliament recognized 
as having separate and distinct privileges ? In 1370. 

When was the "Habeas Corpus " act passed? In 1669. 

What does it provide? That the body of any person 
restrained of his liberty may, upon proper application, 
be brought before a judge and the reason of his confine- 
ment stated ; the judge will then determine the amount 
of his bail, or whether he will remand him to prison or 
set him at liberty. 

When was the " Declaration of Rights " drawn up by 
the people, signed and accepted by William and Mary ? 
1689. 

What does it secure ? Annual parliaments, trial by 
jury, free elections, and the right of petition. 

What great Constitution was adopted 100 years after 
the Bill of Rights? The Constitution of the United 
States. 

Are these rights incorporated into the Constitution of 

* The things in this book refer only to English-speaking people. 



8 PATRIOTIC HISTORY. 

the United States and also the various State Constitu- 
tions ? They are. 

CHAPTER III. 

When was America discovered ? Friday, October 12, 
1492. 

How is America divided? Into South and North 
America. 

Where are the United States? In North America. 

How were they settled ? By emigrants from Europe. 

What is a colony ? A company of individuals emi- 
grating from one country and settling in another. 

What induced people to leave their native land and 
settle in the wilds of America ? Principally a love of 
liberty. 

Why did they not have liberty in Europe ? Because 
of tyrannical and oppressive rulers. 

What nation settled most of the United Colonies ? 
The English nation. 

How many original Colonies were there? Thirteen. 

Were they all under English rule at the time of the 
Revolution? They were. 

Name them in the order of their settlement. Vir- 
ginia, New York, Massachusetts, New Hampshire, 
Maryland, Connecticut, Rhode Island, Dalaware, North 
Carolina, New Jersey, South Carolina, Pennsylvania, 
Georgia. 

How many kinds of Colonial Government were there ? 
Three. 

Name them . Charter, Proprietary and Royal. 

Define Charter Government. Government according 



PATRIOTIC HISTORY. 9 

to the specifications of a written document, granted by 
the king, called a charter. 

Did all charters give the same privileges ? No ; they 
varied greatly; some granted but little liberty, while 
others gave almost perfect liberty. 

Define Proprietary Government. A government in 
which the proprietor appointed a Governor, under whose 
authority the Legislature convened. 

Define Royal or Provincial Government. One in 
which the royal authority appointed the Governor and 
council, or upper branch of the Legislature. 

How was the lower branch chosen ? By the people. 

CHAPTER IV. 

Virginia. 

When was its first charter granted ? 1606. 

What did it specify ? The government was vested in 
the London council and the local council ; both councils 
were appointed by the king ; the people had no voice. 

When and where under this charter was the first set- 
tlement made ? In 1607, at Jamestown. 

When was the second charter granted ? In 1609. 

How did this differ from the first? It placed the 
authority in a Governor instead of a local council. 

When was the third charter obtained? In 1612. 

What change was effected by this ? It abolished the 
London council and gave the stockholders power to reg- 
ulate the affairs of the Colony. 

When and where was the first legislative body ever 
convened in America. At Jamestown in 1619. 



10 PATRIOTIC HISTORY. 

Of what did it consist? A Governor, Council and 
twenty-two deputies or "Burgesses" chosen by the people. 

When were their wishes embodied in a written Consti- 
tution ? In 1621. What can you say of this ? It was 
the first Constitution ever adopted in America. 

When was Virginia made a royal province ? In 1624. 

New York. 

When, where and by whom was it settled ? In 1613, 
at New Amsterdam, by the Dutch. 

When did it become an English province? It was 
surrendered to the Duke of York in 1664 and remained 
a royal province till the Revolution. 

Massachusetts. 

When, where and by whom was the first settlement 
made ? In 1620, at Plymouth, by the Puritans. 

Did they have royal authority ? They did not. 

How were they governed? By a written compact, 
drawn up while on board the Mayflower, under which 
they agreed to enact just and equal laws. 

When w^as the next settlement made ? In 1628. 

What was it called ? Massachusetts Bay Colony. 

How was it governed ? By a charter. 

When was the union of the Colonies of Plymouth, 
Massachusetts Bay, New Haven and Connecticut formed? 
In 1643. 

What was the title of this union? " The United Col- 
onies of New England." 

What was its object ? Common protection against the 
Indians and to resist the encroachments of French and 
Dutch settlers. 



PATRIOTIC HISTORY. 11 

When was the Navigation Act passed ? In 1651. 

What did it forbid the colonists to do ? To trade with 
any country except England, and it also restricted the 
trade among the colonies. 

When was Massachusetts made a Royal Province ? In 
1684. 

Why? Because of her resistance to the Navigation 

Act. 

New Hampshire. 

When and where was the first settlement made ? 
Near Portsmouth, in 1623. 

How was it governed ? Similar to Massachusetts till 
1741, when it was made a distinct Royal Province. 

Maryland. 

When and where was the first settlement made ? In 
1634, at St. Marys. 

How governed ? By charter granted to Lord Baltimore. 

Compare this with that granted to Virginia. This 
gave the people a voice in making the laws. 

What celebrated act did they pass in 1649 ? The ''Tol- 
eration Act" winch secured to all persons the liberty to 
worship God according to the dictates of their own con- 
science. 

What took place in 1691 ? Lord Baltimore was en- 
tirely deprived of his rights as proprietor and Maryland 
became a Royal Province. 

How long did this continue? Till 1715, when the 
fourth Lord Baltimore recovered the Government and 
religious toleration was restored, and it remained under 
this proprietary government until the Revolution. 



12 PATRIOTIC HISTORY. 

Connecticut. 

How settled and when? At various places from 
1633 to 1636. 

What settlements fornled the Connecticut Colony 
proper ? Hartford, Wethersfield and Windsor. 

What did they do ? Adopted a written Constitution in 
which they agreed to give all freemen the right to vote. 

What can you say of this Constitution ? It was the 
first written Constitution ever framed by the people for the 
people. 

When did they obtain a royal charter guaranteeing to 
them the rights of this Constitution ? In 1662. 

What happened twenty-five years afterward ? Andros, 
Governor of New England, came from Boston to Hart- 
ford and demanded this charter. 

What did the people do rather than surrender this 
precious document ? They hid it in a hollow tree since 
famous as the " Charter Oak." 

What did they do when Andros was deposed? 
Brought forth their charter and remained under its 
Government till the Revolution. 

chapter v. 

Rhode Island. 

When and where settled? In 1636, at Providence 
Plantation by Roger Williams. 

How governed? At first by Massachusetts but after- 
afterward by charter obtained by Williams in 1647. 

What did the people do on obtaining this charter ? 
They met and elected their officers and agreed on a set 



PATRIOTIC HISTORY. 13 

of laws guaranteeing freedom of faith and worship to all. 
What can you say of this guarantee ? It ivas the first 
legal declaration of liberty of conscience ever adopted in 
^Europe or America. 

Delaware. 

When and where settled? In 1638 at Wilmington 
by the Swedes. 

How governed ? The Swedes were overthrown by the 
Dutch and the territory was included in Penn's purchase. 

When did it become a separate Colony? In 1684 
Penn appointed it a Deputy Governor and granted it an 
assembly, and it remained under this Proprietary Gov- 
ernment till the Revolution. 

North Carolina. 

Under what name was the first settlement made in 
North Carolina ? The Albemarle Colony in 1663. 

How governed ? By proprietors till 1729, when they 
ceded their right to the crown and it became a royal 
province. 

New Jersey. 

When and where settled ? In 1664 at Elizabethtown. 

How governed? By proprietors till 1702, when it be- 
came a royal province and so remained till the Revolu- 
tion. 

South Carolina. 

Under what name was the first settlement made? 
The Carteret Colony in 1670 on Ashley river. 

How governed? By proprietors till 1729 when it be- 
came a Royal Province. . 



14 PATRIOTIC HISTORY. 

Pennsylvania. 

How settled? First by the Swedes in 1638, near 
Philadelphia, who were superseded by the English 
Quakers in 1681. 

How governed? By Wm. Penn, the proprietor, and 
his heirs till the Revolution. 

Georgia. 

When and where settled? In 1733 at Savannah 
by Jas. Oglethorpe, who held the land in trust for the 
English poor. 

How long was it held by trustees ? Till 1752, when it 
became a Royal Province. 

RECAPITULATION. 

What Colonies were under charter government at the 
time of the Revolution ? Massachusetts, Connecticut, 
and Rhode Island. 

What under Royal ? New Hampshire, New York, 
Virginia, New Jersey, North and South Carolina, and 
Georgia. 

What Proprietary? Maryland, Delaware, and Penn- 
sylvania. 

CHAPTER VI. 
CAUSES OF THE REVOLUTIONARY WAR. 

Name some remote causes. Treating the colonists as 
inferior beings and denying them social privileges ; re- 
stricting their commerce with other nations and prevent- 
ing the manufacture of things useful and necessary to 
their prosperity and independence. 



PATRIOTIC HISTORY. 15 

Name some direct causes. Unjust and tyrannical treat- 
ment of the colonists ; taxation without representation 
and other odious legislation.* 

Name some of the odious Acts ? The Sugar Act, 
passed in 1764 ; the Stamp Act, passed in 1765 ; tax lev- 
ied on tea, glass, etc., in 1767 ; the Mutiny Act, and 
others. 

What was the Boston Tea Party? A party of men 
who labored more than a month to have three ship-loads 
of tea sent back from Boston. 

Did they succeed ? They did not. What did they 
then do? They disguised themselves as Indians and 
went on board the ships and threw the tea overboard. 

What did this provoke the English Parliament to do? 
To pass the Boston Port Bill. 
' When was it passed? March 25, 1774. 

What did it do ? Closed the port of Boston to com- 
merce. 

What action did the Colonies take from May 13th to 
20th, 1774? They held meetings in the principal cities 
to consider the state of affairs, and recommended the 
assembling of a Continental Congress. 

How many of the Thirteen Colonies appointed dele- 
gates to the First Continental Congress ? Twelve ; all 
but Georgia. 

How many delegates in the First Continental Congress? 
Fifty-three. 

Name some eminent patriots who were members of it. 
George Washington, Peyton Randolph, John Adams, 

* See Declaration of Independence, 



16 PATRIOTIC HISTORY. 

John Jay, Richard Henry Lee, Patrick Henry, Roger 
Sherman and Samuel Adams. 

Who was chosen President? Peyton Randolph, of 
Virginia. 

When and where did it assemble ? In Philadelphia,, 
September 5, 1774. 

What did it do ? It drew up a declaration of Colonial 
rights. 

What else did they do ? They agreed to accept as the 
basis of common action for enforcing these rights four- 
teen articles, known as the American Association. 

Of what w T as this the origin? The American Union,, 
or United States of America. 

By what title are these fourteen articles known ? The 
Articles of Confederation and Perpetual Union of the 
United States of America. 

What was the title of the Colonies at this time? 
United Colonies of America. 

CHAPTER VII. 

With what battle did the Revolution begin? Battle 
of Lexington, Massachusetts, April 19, 1776. 

How long did the war last ? Eight years. 

When was the treaty of peace signed ? Sept. 3, 1783. 

What aim had the First Continental Congress? To 
secure their rights and a redress of grievances. 

Had the idea of a separation or independence been 
propagated ? It had not. 

When did the Second Continental Congress meet?' 
May 10, 1775. 



PATRIOTIC HISTORY. 17 

What can you say of the delegates to this Congress ? 

They were the same men that composed the First Con- 
gress with a few exceptions and additions. 

Were all the Colonies represented in this Congress? 
They were. 

Were they all still resolved to resist British oppres- 
sion and maintain a constitutional union ? They were. 

What idea was now favored? The idea of independ- 
ence or separation. 

Who introduced a resolution to have a committee ap- 
pointed to draft a declaration of Independence? Richard 
Henry Lee. 

When? June 7, 1776. 

When was the committee appointed ? June 11, 1776. 

Name this illustrious committee. Thomas Jefferson, 
John Adams, Benjamin Franklin, Roger Sherman and. 
Robert R. Livingston. 

Who wrote the report or declaration ? Thomas Jeffer- 
son. 

When did this committee report. July 1st. 

When was it adopted by a majority ? July 2d. 

When was it unanimously adopted, signed and pro- 
claimed to the world ? July 4, 1776. 

When was the title United Colonies of America dis- 
carded for that of "United States of America?" Sep- 
tember 9, 1776. 

When were the Articles of Confederation and per- 
petual Union of the United States agreed to in Congress 
and sent to the States for their approval ? November 
15, 1777. 



18 PATRIOTIC HISTORY. 

When had eight of the State legislatures ratified these 
articles? July 9, 1778. 

When did the last State ratify them? March 1, 1781. 

When did the Continental Congress first meet under 
these articles ? March 2, 1781. 

What with propriety may the Articles of Confedera- 
tion be called? The First Constitution of the United 
States. 

How long was the Government carried on under them ? 
Eight years. 

CHAPTER VIII. 

What was the nature and power of the Articles of 
Confederation ? They were little more than a league of 
friendship; were very imperfect and fell far short of 
the present Constitution in authority and power. 

Point out some of the great defects in them. There 
was but one branch of the Government, a Congress, and 
that had to make the laws and provide for their execu- 
tion and adjudication, as there was no provision for Ex- 
ecutive or Judicial departments. 

Give another defect? There was too much power 
reserved to the States and not enough given to Congress. 

What of taxes ? Congress could apportion taxes but 
had no power to levy and collect them, and therefore 
could not meet the expenses and maintain the credit of 
the Government. 

Give Article Second. " Each State retains its sover- 
eignty, freedom and independence and every power, 
jurisdiction and right which is not by this Confederation 



PATRIOTIC HISTORY. 19 

expressly delegated to the United Slates in Congress 
assembled." 

Were there not also many good points in these arti- 
cles ? There were, and they were afterward incorporated 
into our present Constitution. 

How often did Congress meet? On the first Monday 
in November every year. 

How were its delegates elected ? By the State Legis- 
latures, annually. 

What rights did the States reserve over their dele- 
gates ? The right to recall any and all of them at any 
time and to send others in their stead. 

How were they paid ? By the States. 

How many, delegates could each State send ? Not less 
than two nor more than seven. 

In determining questions in Congress how many votes 
did each State have ? But one. 

How were questions of boundary, jurisdiction, etc., 
arising between States adjudicated? By commissioners 
or judges. 

How were these appointed. By the parties themselves 
under the authority of Congre 

Should the parties fail to appoint them how wei 
they chosen ? Then Congress chose them by lot. 

Was Congress in session continually ? No. 

For how long a time could it adjourn? Not longer 
than six months. 

How was business transacted when Congress was not 
in session? By a Committee of the States. 

Of what did it consist ? Of one member from each State. 



20 PATRIOTIC HISTORY. 

What were their powers ? Such as Congress conferred 
on them from time to time. 

CHAPTEE IX. 

What was appallingly manifest at this time to all the 
great statesmen and patriots ? That the present confused 
state of the Government would soon cause them to lose 
all that they had gained, and that a new order of things 
must be instituted and a better government adopted. 

What was proposed ? A revision of the Articles of 
Confederation. 

What did the present Constitution grow out of? Out 
of the revision of the Articles. 

When, and who took the first steps to revise these 
Articles ? In 1786 the Legislature of Virginia proposed 
a convention of Commissioners to improve the condition 
of trade and commerce. 

What did these commissioners do when they met? 
They recommended Congress to call a general conven- 
tion to revise the Articles of Confederation. 

When did Congress call a general convention? In 
February, 1787. 

Where and when did this convention assemble? In 
Philadelphia, May, 1787. 

What convention was this ? The one that framed and 
adopted the present Constitution. 

How many States were represented in this convention? 
Twelve ; all except Rhode Island. 

What was the character of the members of this con- 
vention? They were men of great wisdom, firmness, 
strong attachment to liberty, and tried patriotism. 



PATRIOTIC HISTORY. 21 

Name some of the most prominent? George Wash- 
ington, Alexander Hamilton, Benj. Franklin, Jas. Mad- 
ison, and Robt. Morris. 

Who was chosen President of the Convention? George 
Washington. 

Who noted down the proceedings of the convention in 
Short-hand ? James Madison. 

What are these notes called? The Madison papers. 

How many books did they compose? Three large 
volumes. 

How long before they were printed ? Fifty years. 

How long did this convention hold? Four months 
and three days. 

How were their sessions held ? In secret. 

Did they readily agree on the Articles of the Consti- 
tution ? They did not ; most of them are the result of 
long debates, consultations, and compromise. 

When was the Constitution signed by the members of 
the convention ? September 17, 1787. 

What was then done with it ? It was sent to Congress. 

What did Congress do with it? Congress acted upon 
it and sent it to the various States for ratification. 

How did the States ratify it ? Some by their legisla- 
tures and others by conventions. 

What number of States had to ratify it before it be- 
came a law ? Nine. 

Was there much difference of opinion in the State 
Legislatures and conventions concerning the adoption of 
it? There was, and the people were often nearly equally 
divided. 



22 PATRIOTIC HISTORY. 

How many States had adopted the Constitution July 
26,1788? Eleven. 

What did Congress now do ? Prepared to enter into 
the new order of things ordained by the Constitution. 

What provisions did they make ? Provisions for the 
election of electors for President and Vice-President, 
and such other arrangements as were necessary for the 
new government to begin operations. 

When were the first electors chosen? On the first 
Wednesday in January, 1789. 

When did the electors meet and cast their vote for 
President and Vice-President ? On the first Wednesday 
in February, 1789. 

What day was appointed for the government to go 
into operation? The first Wednesday in March, 1789, 
which was the fourth day of the month. 

What has the fourth day of March since been called ? 
The first day of our political year. 

On what day does a President's or Congressman's term 
of office begin and expire ? On the fourth of March. 

Was Washington, the first President, inaugurated on 
the fourth of March? He was not. Why? Because 
it was impossible to perfect preliminary arrangements to 
that effect. 

When was he inaugurated ? April 30, 1789. 

What did he do ? He immediately chose his Cabinet 
and put the machinery of the Government into active 
operation. 

What can you say of the choice of George Washing- 
ton as President ? All eyes turned instinctively towards 



PATRIOTIC HISTORY. 23 

him. With love and confidence he stood " first in war, 
first in peace, and first in the hearts of his people." 

chapter x. 

How does the Constitution of the United States to- 
gether with its Amendments rank as a national docu- 
ment? Very high; it is considered the best in the world. 

Was it perfect at the time of its adoption? It was 
not, it had many defects. 

How have some of these defects been remedied ? By 
Amendments. 

How many Amendments have been 'adopted ? Fifteen. 

When were the first ten made? In 1791. 

To what do they relate? To religious, personal, and 
State rights. 

When was the eleventh made ? 1797. 

To what does it relate ? To the Judiciary or Courts. 

When was the twelfth made? 1804, September 25. 

To what does it relate ? To the electors of President 
and Vice-President, and requires them to cast a separate 
ballot for each. 

What gave rise to this Amendment ? In the election 
of 1800 Jefferson and Burr each received seventy-three 
votes, and the Constitution did not decide which should 
be President and which Vice-President. 

When was the thirteenth Amendment made? in 
1865. 

To what does it relate ? To the abolition of slavery. 

When was the fourteenth made ? 1868. 

To what does it relate ? To the rights of citizens. 



24 PATRIOTIC HISTORY. 

When was the fifteenth made ? 1870. 

To what does it relate ? To suffrage or voting. 

What Amendment w T as proposed during the Fiftieth 
Congress in 1888? One to elect President and Vice- 
President by the popular vote. 

How are Amendments to the Constitution made ? By 
a two-thirds majority vote in Congress, together with 
the ratification of three-fourths of the several State 
Legislatures. 



Papt Second 



THE UNITED STATES. 



In what political division do we live ? In the United 
States. 

Give the area. About 3,603,000 square miles. 

What is the motto of the United States ? E Pluribus 
TJnum (Out of Many, One). 

Population ? About sixty-five millions. 

Form of Government? A Republic. 

What is the Supreme Law of the land ? The Consti- 
tution. 

How long has the Government been in operation 
under the Constitution ? One hundred years. 

What of its prosperity under it? Phenomenal; un- 
surpassed in the history of nations. 

How may we refer to the United States? As the 
" Cradle of Liberty." 

What of the liberty of its citizens? Every citizen is 
a sovereign and has perfect personal, political, civil, and 
religious liberty. 



26 CIVIL GOVERNMENT. 

What is personal liberty? Liberty to go and come 
when one pleases, and to reside in any place he chooses. 

What is political liberty ? The right to a voice in the 
selection of his rulers. 

What is civil liberty ? Having all the rights and im- 
munities of a citizen. 

What is religious liberty? Freedom to worship God 
according to the dictates of conscience. No national 
church is established by law. 

How do these liberties compare with those of the citi- 
zens of other governments ? No other governments give 
such liberties, except such as are modeled after our gov- 
ernment, viz., the South American States, France, Switz- 
erland and a few other European governments. 

Who ordained and established our Constitution ? The 
people. 

For what purpose ? "To form a more perfect union, 
establish justice, insure domestic tranquility, provide for 
the common defense, promote the general welfare, and 
secure the blessings of liberty to them and their pos- 
terity." 

Give the three branches of our Government? The 
Legislative or law-making department, the Executive or 
law-enforcing department, the Judicial or law-discrimin- 
ating or judging department. 

chapter I. 

LEGISLATIVE DEPARTMENT. 

Where is the legislative power vested? In a Con- 
gress. 



CIVIL GOVERNMENT, 27 

Of what does it consist ? Of a Senate and House of 
Representatives. 

How is the word Congress used ? Strictly speaking it 
refers to both branches, but commonly speaking it refers 
to the lower branch only. 

How is the House of Representatives commonly 
spoken of? As Congress and its members are called Con- 
gressmen. 

How are members of the upper house designated? As 
United States Senators. 

How many years constitute a Congress ? Two years. 

How many sessions in each Congress? Two; a long 
and a short session. 

What was the longest session ever held? The 1st 
session of the fiftieth Congress, which lasted 321 days. 

What is the present Congress (1889). The fifty-first. 

SENATE. 

Of what is the Senate composed ? Of two members 
from each State, irrespective of area or populaton. Il- 
lustrate: Rhode Island, the smallest State, has two 
Senators, while Texas, the largest, has but two; also Ne- 
vada, with only sixty-five thousand people, has two Sen- 
ators, while New York, with a population of over five 
million, has only two. 

What is the design of this ? To protect the smaller 
States against the more populous ones. 

Who are our Senators from Kentucky 1889 ? Hons. 
Jas. B. Beck and Jos. C. S. Blackburn. 

Who are our Senators at the present time ? Supply 
names according to time. 



28 CIVIL GOVERNMENT. 

What is the elgibility of a Senator? He must be 
thirty years of age, nine years a citizen of the United 
States, and must be a voter of the State from which he 
is chosen. 

Can a foreign-born citizen be a Senator? He can. 
Name one. Jas. B. Beck. 

Term of office ? Six years. 

How often may they be re-elected? As often as the 
people wish. 

Who was in the Senate thirty consecutive years ? Thos. 
H. Benton, of Missouri. 

Into how many classes are Senators divided? Three. 

Why so divided ? To maintain the Senate a perpet- 
ual body and to have only one- third new members each 
Congress. 

The terms of office of what part expire each Congress ? 
One-third part. 

What part are new members ? One-third. 

What part are old or held-over members ? Two-thirds. 

HOUSE OF REPRESENTATIVES. 

Of whom is the House of Representatives composed ? 
Of persons elected by the people in the various States 
in proportion to the population. 

Who may vote for a Representative ? Any one qualified 
to vote for a member of the lower branch of the State 
Legislature. 

Term of office of a Representative ? Two years. 

Eligibility? He must be twenty-five years of age, 
seven years a citizen of the United States, and a citizen 
of the State from which he is elected. 



CIVIL GOVERNMENT. 20 

May a foreign-born citizen be a Congressman? He 
may. 

How often may a Representative be re-elected? A& 
often as the people wish. 

Who is our Representative from this district ? 

How would you address a letter to a Representative ? 
This way : Hon. M. C., Washington, D. C. 

How many members in the United States Senate at 
present (1889) ? Seventy-six. 

Is this number permanent ? It is not. 

When does it change ? Whenever a new State is ad- 
mitted. 

What is the number in the House of Representatives 
at present? 325. 

Does the number change ? It does. When ? When- 
ever a new State is admitted and when a general appor- 
tion is made. 

How often is an apportionment made ? Once every 
ten years. 

Upon what does the number of Representatives from 
each State depend ? Its population. 

How is the population obtained ? By the census. 

CHAPTER II. 

How often is the census taken? Once every ten 
years. 

When was the first taken ? In 1790. 

How are census years known? They end with a 
naught. 

How often has it been taken ? Ten times. 



30 CIVIL GOVERNMENT. 

When will the next one be taken? In 1890. 

According to the Constitution how many Representa- 
tives must a State have ? At least one. 

Under this Constitutional provision what States have 
hut one each ? Delaware and Nevada. 

How many Representatives is each territory allowed ? 
One. What are his privileges ? The same as those from 
the States, except he has no vote. 

When is an apportionment made ? Within three years 
after the census is taken. 

How do apportionment years end ? In 3. 

When was the last apportionment made ? In 1883. 

When will the next one be made ? In 1893. 

What is the basis of Representation at the present 
time ? One to every 151,911. 

Who determines the number of Representatives? 
Congress. 

In 1880 what was the population of the United States 
exclusive of the Territories and the District of Colum- 
bia? 49,371,340. 

How do we obtain the ratio or basis of representation ? 
By dividing 49,371,340 by 325, the number of Represen- 
tatives at the present. Thus : 49,371,340^-325=151,- 
911, the present basis. 

How many Congressmen has Kentucky ? Eleven. 

What Congressional District is this ? 

Of how many counties is it composed ? ( See table of 
Congressional Districts.) 

Name the counties and give the population of each ? 
(See table Congressional Districts.) 



CIVIL GOVERNMENT. 31 

What is the population of the district? (See table 
Congressional Districts.) 

CHAPTER III. 

How many members were there in the first Congress ? 
Sixty-five. 

What was the ratio or basis of representation ? One 
to every 30,000. 

On this basis how many Representatives would we 
have at present ? Sixteen hundred. 

Would it be practicable to legislate with so large a body? 
It would not ; in fact it would be almost impossible to 
do so? 

The following table exhibits the various apportion- 
ments that have been made, together with the number 
of Representatives and the basis of representation : 

From 
u 

u 
u 
a 

a 
a 
a 
« 
u 
a 

What is the greatest number of Congressmen any 
State has ever had ? From 1830 to 1840 New York had 
forty. 









No. Reps. 


Basis of Rep 


1789 


to 


1793 


65 


30,000 


1793 


to 


1803 


105 


33,000 


1803 


to 


1813 


141 


33,000 


1813 


to 


1823 


181 


35,000 


1823 


to 


1833 


212 


40,000 


1833 


to 


1843 


240 


47,700 


1843 


to 


1853 


223 


70,680 


1853 


to 


1863 


234 


93,500 


1863 


to 


1873 


241 


127,941 


1873 


to 


1883 


292 


130,533 


1883 


to 


1893 


325 


151,911 



32 CIVIL GOVERNMENT. 

How many had Kentucky during that period ? 13. 

When was her number reduced to ten ? In 1840. 

How long was ten her number ? Forty years. 

How many members in the United States Senate now 
(1889) ? Seventy-six ; two from each State. 

How many in the House of Representatives ? 325. 

How many in both ? 401. 

How many electors in the electoral college of the 
United States ? 401. 

How many electors has Kentucky ? Thirteen ; one for 
each Representative and United States Senator. 

How are United States Senators elected? By the 
State Legislatures. 

When? The second Tuesday after each Legislature 
convenes. 

How does the Legislature proceed to elect a United 
States Senator ? On the second Tuesday after the Leg- 
islature convenes the Senate and House of Representa- 
tives each takes a separate vote for United States Sen- 
ator; the next day (Wednesday) at 12 o'clock the Senate 
rises and proceeds to the hall of the House of Represen- 
tatives, and there both bodies in joint session take a viva 
voce vote for United States Senator. If there is an elec- 
tion it is so announced. If not, they proceed from day 
to day in joint session, taking at least one vote a day un- 
til an election is made. 

How are vacancies in the United States Senate filled ? 
By election, if the Legislature is in session ; if not, then 
the Governor appoints a man to serve till the Legislature 
does meet. 



CIVIL GOVERNMANT. 33 

How are Congressmen elected ? By the people, who 
vote by ballot. 

When ? On the first Tuesday after the first Monday 
in November in the even years. 

When do their terms of office begin and expire ? On 
the fourth of March in the odd years. 

How are vacancies filled ? By special election ordered 
by the Governor of the State. 

What is the salary of United States Senators and Con- 
gressmen ? They get the same, 85,000 per year, ( the 
Speaker of the House and President of the Senate get 
88,000 each), and twenty cents per mile mileage for the 
entire distance traveled both ways to and from their 
homes to Washington by the most common route. The 
Government also allows them 8125 for stationery, and 
they formerly had the " Franking privilege." 

What w r as the Franking privilege ? The privilege of 
sending letters and documents through the mails free of 
postage. 

How T may their salaries be changed ? By law, but 
such change shall not affect the members of the Congress 
that made it. 

Can members of Congress hold any other office of 
profit under the United States ? They can not. 

When and where does Congress meet ? On the first 
Monday in December of each year in the Capitol build- 
ing at Washington. 

CHAPTER IV. 
ORGANIZATION OF THE U. S. SENATE. 

Who is President of the United States Senate ? The 



34 CIVIL GOVERNMENT. 

Vice-President of the United States. 

When may he vote ? Only in case of a tie. 

In case of death, resignation, or removal from office, 
or when the Vice-President becomes President, what 
would the Senate do ? Proceed to elect a President pro 
tempore from among their number. 

Would he have a vote ? He would, because he is a. 
Senator. 

Who are the other officers elected? Secretary, Ser- 
geant at Arms, Post Master and Door-keeper. 

Are they members ? They are not. 

What are the duties of the Secretary ? He is the re- 
cording officer and it is his business to keep a journal or 
record of the proceedings. 

What are the duties and business of the Sergeant at 
Arms ? He is a sheriff or police officer, and assists the 
President in keeping order. 

What else does he do ? He keeps the accounts of the 
pay and mileage of the members of Congress, prepares 
checks and draws and pays the money to them. 

What is the business of the Post Master? He super- 
intends a post-office in the Capitol for the convenience of 
members. 

What is the business of the Door-keeper ? To admit 
proper persons and to exclude improper ones ; he also 
has charge of the furniture. 

What other officer has the Senate? A Chaplain. 

How does he obtain his position ? By appointment. 

What is his duty? To open the daily sessions with 
prayer. 



CIVIL GOVERNMENT. 35 

How many standing committees has the Senate ? From 
thirty to thirty-five. 

How are they chosen ? By election. 

How is the chairman of each committee elected. By 
a majority vote. 

How are the other committeemen elected? By a 
plurality vote. 

How many standing or parliamentary rules has the 
Senate ? Fifty-two. 

How many joint rules of the Senate and House? 
Twenty-two. 

What does the Senate now do ? It informs the House 
that it is ready for business. 

chapter v. 

ORGANIZATION OF THE HOUSE OF REPRESENTATIVES. 

Who organizes the House of Representatives ? The 
Clerk of the last House. 

How does he proceed? He calls the House to order 
and reads a list of the members and has the oath of of- 
fice administered to them. 

How is this done ? Usually in classes, the members 
from each State forming a class. 

What is next in order? Nomination and election of 
a Speaker. 

Is there often much contest over these elections? 
There is ; in the election of N. P. Banks in 1856 two 
months were spent and 133 ballots were taken. 

After the Speaker is elected how does the organization 
proceed? The speaker takes the chair and is the pre- 
siding officer thenceforth. 



36 CIVIL GOVERNMENT. 

What is necessary to complete the organization ? The 
election of the minor officers, viz., Clerk, Sergeant at 
Arms, Post Master and Door-keeper. 

Are they chosen from among the members ? They are 
not. 

What are the duties of these officers ? The same as 
those of the Senate. 

Has the House also a chaplain ? It has. 

Is the office of Speaker a very important and respon- 
sible one? It is. Why? Because he appoints the 
committees and thus has power to shape legislation. 

W hat is the most important committee ? Committee 
on Ways and Means. 

Has the Senate such a committee ? It has not. 

How many standing committees has the House? 
From forty to forty-five. 

How many standing or parliamentary rules has the 
House? 160. 

What does the House do when its organization is com- 
plete ? It notifies the Senate that it is ready for business, 
and the two Houses by a joint committee notify the 
President. 

What does the President do when he is thus notified? 
He sends in his annual message. 

What is set forth in the " President's Message ?" The 
condition of the government and its relation to foreign 
governments. It also contains a fiscal report from the 
various departments, together with suggestions and rec- 
ommendations for necessary legislation. 

What is done with this message ? It is received, an- 



CIVIL GOVERNMANT. 37 

alyzed and each part referred to an appropriate standing- 
committee. 

CHAPTER VI. 
LEGISLATION. 

What is a "Bill?" The embodiment of a member's 
wishes in writing. 

How is a bill introduced ? By leave or permission. 
All leaves or permissions are granted on certain days. 

What are such days called ? Leave days. 

When a bill is introduced what is done with it ? It is 
referred to the appropriate standing committee. 

What do they do? They pass upon it and report it 
back to the house in which it originated with their opin- 
ion of it. 

How many readings must it there have ? Three, on 
three different days. 

Is that rule invariable? It is not, but may be sus- 
pended by a four-fifths vote and the bill be acted on im- 
mediately. 

If the bill passes what is then clone with it? It is 
sent to the other house where it goes through a similar 
process. 

If it passes that House where is it then sent ? To the 
President for his approval. 

If he approves it what does he do ? Signs it. 

If not what does he do ? He vetoes it. 

What do you mean by the President's veto? That he 
sends it back to the House in which it originated with 
his objections in writing, which are entered in full orx 
the journal. 



38 CIVIL GOVERNMENT. 

What is sometimes done with vetoed bills ? They are 
reconsidered and passed over the President's veto. 

What vote is necessary to pass a bill over the Presi- 
dent's veto ? Two-thirds of each House. 

What number is necessary to pass a bill in the first 
place? Simply a majority. 

Bills passed over the President's veto must have what 
signatures ? Those of the President of the Senate and 
the Speaker of the House. 

Bills passed with the President's approval must have 
what signatures ? Those of the President of the United 
States, the President of the Senate and the Speaker of 
the House. 

If the President fails to return a bill within ten days 
(Sunday excepted) what becomes of it? It becomes a 
law, unless Congress shall adjourn in the meantime. 

CHAPTER VII. 

RELATIVE POWERS AND DUTIES OF THE SENATE AND HOUSE 

OF REPRESENTATIVES. 

What are their relative powers and duties ? They are 
co-ordinate, concurrent and exclusive. 

What do you mean by co-ordinate ? Having equal 
power. 

What do you mean by concurrent ? That both 
houses take part in the legislation. 

What do you mean by exclusive ? Things pertaining 
to one House only and over which the other has no 
control. 

Name the things which are concurrent to both 



CIVIL GOVERNMENT, 39 

Houses. The adoption of the twenty- two joint rules and 
all legislation (except the origination of bills to raise 
revenue), all resolutions and the final adjournment. 

What are laws passed by Congress called? " Acts of 
Congress." 

How is every act headed? By the enacting clause. 
Give it. "Be it enacted by the Senate and House of 
Representatives of the United States of America in 
Congress assembled." 

Give some of the principal topics of concurrent legisla- 
tion. To lay and collect taxes, to borrow money, to coin 
money, to punish counterfeiting, to establish post-offices, 
to constitute inferior courts, to declare war, to raise and 
support armies, to provide and maintain a navy, &c, &c. 

EXCLUSIVE POWERS. 

What powers and duties are exclusive to the Senate ? 
To judge of its own election returns, to punish and ex- 
pel its own members, to elect its own officers, except its 
President, to elect its own committees, to make its own 
standing rules, to hold executive sessions, to try im- 
peachments, and to elect a Vice-President when the 
electors fail to do so. 

How often has the Senate elected a Vice-President ? 
Once. 

When, and whom did they elect ? In 1837, R. M. 
Johnson, of Kentucky. 

What are Executive Sessions ? Secret sessions, held 
to confirm appointments made by the President and to 
ratify treaties. 



40 CIVIL GOVERNMENT. 

What vote is necessary to confirm an appointment ? 
-A majority. 

How many to ratify treaties ? Two-thirds. 

In trial of impeachment of the President of the 
United States, who presides? The Chief Justice. Why? 
^Because the Vice-President being an interested party 
might be tempted to use unjust means to convict the 
President in order to secure the Presidency for himself. 

In trials of impeachment how many votes are necessary 
to a conviction. Two-thirds. 

Give a case of impeachment of a President. Andrew 
Johnson, but the Senate failed by three votes to obtain 
the necessary two-thirds. 

CHAPTER VIII. 

Grive the exclusive powers of the House of Represent- 
atives. To judge of its own election returns, to punish 
and expel its members, to elect its own officers, to make 
its own standing rules, to originate bills for raising rev- 
enue, the sole power of impeachment, and the election 
of a President when the electors fail to do so. 

How often has the House of Representatives been 
called upon to choose a President ? Twice. 

When? First in 1801, when Jefferson was chosen, 
and next in 1825, when John Quincy Adams was chosen. 

When the House of Representatives elects a Presi- 
dent how many votes has each State ? One. 

How many States form a quorum? Two-thirds of 
them. 

How many necessary to an election? A majority. 



CIVIL GOVERNMENT. A 

How was R. B. Hayes elected in 1877 ? By a joint: 
" Electoral Commission." 

Of whom was it composed ? Of five United States- 
Senators, five Representatives and five Judges of the 
Supreme Court. 

How was this commission chosen ? By Congress. 

If the House of Representatives should fail to make 
a choice by the 4th of March who would become Presi- 
dent ? The newly elected Vice-President. 

What is impeachment? Preferring charges against 
an office-holder for official misconduct. 

Who prefers these charges ? The House of Represent- 
atives. 

Who tries the officer impeached? The Senate. 

Who prosecutes him ? A committee appointed by the 
House. 

What of conviction ? It shall extend only to his re- 
moval from office, and disqualification to hold any office 
of trust under the Government afterward. 

Is he subject to indictment and trial by law for the 
same offense ? He is. 

In legislative bodies how is voting done? Viva voce? 
by the ayes and noes or unrecorded vote, or by the yeas 
and nays or recorded vote. 

In each branch of Congress what part is necessary to 
call the yeas and nays. One-fifth. 

In each branch of Congress how many constitute a 
quorum ? A majority. 

What may a smaller number do? Adjourn from day 
to day and compel the attendance of the other members.- 



42 CIVIL GOVERNMENT. 

By what vote may a member be expelled ? A two- 
thirds vote. 

How long may one House adjourn without the con- 
sent of the other ? Not exceeding three days. 

What power over the English Congress or Parliament 
has the Crow^n? Power to prorogue or adjourn it at 
any time. 

Has our President any such power ? He has not, and 
can only adjourn Congress when the two Houses fail to 
agree on a time. 

CHAPTER IX. 
POWERS OF COXGRESS. 

Where are the powers granted to Congress enumer- 
ated ? In Sec. 8 Art. I of the Constitution. 

(Here read and study that section carefully). 

What are taxes? Monies levied and collected by 
public officials. 

How many kinds of taxes are there ? Two ; Duties 
or Tariff and Internal Revenue. 

What are duties ? Money paid on goods imported or 
exported. 

What is a tariff? A list or scale of duties. 

Where are these duties collected? At the custom 
houses. By whom? By custom house officers, who 
send it to the United States Treasury. 

How much is collected annually from this source? 
About two hundred and nineteen million dollars. 

What is the Internal revenue ? Taxes laid on certain 
articles manufactured and sold in the United States; 
whisky and tobacco being the principal ones. 



CIVIL GOVERNMENT, 43 

Who collects this? Officers called Collectors of In- 
ternal Revenue. 

How much is collected annually from this source? 
About a hundred and twenty-four million dollars. 

What restriction as regards taxes? They shall be un- 
iform throughout the United States. 

Can Congress borrow money on the credit of a State ? 
It can not; only on the credit of the United States. 

With whom and where does Congress have power to 
regulate commerce ? With foreign nations, and the In- 
dian tribes, and among the several States. 

How long must a foreign-born citizen reside in the 
United States before he can be naturalized? Five years. 

Give the process of naturalization. After he has re- 
sided for at least three years in the United States he 
may declare, before proper authority, on oath, his inten- 
tion of becoming a citizen of the United States. After 
two more years, at least, he may take the oath of alleg- 
iance, when he must prove by witnesses that he has re- 
sided five years in the United States and one year in the 
State in which he seeks to be naturalized ; that he has 
borne a good moral character, and that he has been well 
disposed toward our Government. 

Can any State or individual coin money or fix the 
value thereof ? No; this power belongs solely to Con- 
gress. 

How is counterfeiting punished? By laws made by 
Congress. 

Can a State establish a post-office? It can not; it 
must be done by Congress. 



44 CIVIL GOVERNMENT. 

How has Congress promoted science and arts? By 
copyrights and patent rights guaranteeing to authors and 
Inventors for a specified time the exclusive right to their 
■writings and inventions. 

For how long is a copyright given ? Twenty-eight 
years, and may be renewed for fourteen years. 

What does it cost to obtain a copyright ? One dollar 
and two complete copies of the work. 

Whom should you address ? The Librarian of Con- 
gress, Washington, D. C. 

For how long is a patent right given? Seventeen 
years. Cost of obtaining a patent? Thirty-five dollars. 

How was the Supreme Court established? By the 
Constitution. 

How are inferior courts established ? By Congress. 

Who has power to declare war, and grant letters of 
Marque and Reprisal ? Congress. 

What are letters of Marque and Reprisal ? Letters 
authorizing private persons to seize the property of an- 
other nation. 

Who is to raise and support armies ? Congress. 

For how long shall an appropriation of money for 
such purpose run ? Not longer than two years. 

Who provides and maintains a navy ? Congress. 

W T ho makes the rules for the government and regula- 
tion of the land and naval forces ? Congress. 

To what do the 15th and 16th clauses of this article 
refer ? To the militia. 

Over what District does Congress have exclusive con- 
trol? The District of Columbia. 



CIVIL GOVERNMANT. 45 

Do not the citizens of this District have a vote in their 
government ? They do not. 

Who has control over the grounds on which forts, 
magazines, arsenals, dock-yards, custom houses, etc., are 
erected ? Congress. 

How are such grounds purchased? By the consent of 
the State Legislatures. 

What right do the States reserve over them? The 
right to control or arrest their citizens on them. 

POWERS DENIED CONGRESS. 

Where are the powers denied Congress enumerated ? 
In Sec. 9 Art. 1. 

When may the writ of habeas corpus be suspended ? 
Only in cases of insurrection or invasion when the 
public safety may require it. 

Can Congress pass a bill of attainder or an ex-post 
facto law ? It can not. 

What is a bill of attainder ? An English term, and 
means an act which inflicts death for treason without 
trial. 

What is an ex-post facto law ? A law making an act 
a crime which was not so when it was committed. 

Can Congress lay a capitation or other direct tax un- 
less it is in proportion to the population ? It can not. 

How are monies drawn from the treasury? Only in 
consequence of appropriations made by law. 

Can Congress grant any title of nobility? It can not. 

Can any one holding any oifice of profit or trust ac- 
cept any present from any king, prince or foreign state 
without the consent of Congress ? He can not. 



46 CIVIL GOVERNMENT. 

How are amendments to the Constitution proposed ? 
Either by two-thirds of both Houses of Congress, or 
by two-thirds of the State Legislatures. 

When an amendment is made how is it ratified ? By 
three-fourths of the State Legislatures. 

CHAPTER x. 
EXECUTIVE DEPARTMENT. — PRESIDENT. 

In what is the executive power of the United States 
vested ? In a President. 

What is the executive power of Russia called? A 
Czar ; of Great Britain, King or Queen ; of Germany, 
Kaiser or Emperor ; of France, President. 

What is said of the office of President of the United 
States ? It is one of great dignity, responsibility and 
power. 

What should be the character of the President? He 
should be a man of great ability, prudence, discrimina- 
tion and firmness. 

Who was the first President ? George Washington. 

How long since he was elected? One hundred years. 

Was he re-elected ? He was. 

What precedent did he establish at the end of his sec- 
ond term ? He refused a third term, and this example 
set by the " Father of his Country" has ever since been 
regarded as an unwritten law. 

Is there any limit to the number of terms prescribed 
by the Constitution? There is not. 

How many Presidents have been re-elected ? Seven. 

Name them. Washington, Jefferson, Madison, Monroe, 
Jackson, Lincoln and Grant. 



CIVIL GOVERNMENT. 47 

How many had been Vice-President before they were 
elected President ? Three. 

Name them. John Adams, Thomas Jefferson and 
Martin Van Buren. 

How many had been Secretary of State ? Six. 

Name them. Jefferson, Madison, Monroe, J. Q. Ad- 
ams, VanBuren and Buchanan. 

What Presidents died a natural death during their 
term of office ? W. H. Harrison and Zachary Taylor. 

T\ ho were assassinated ? Two ; Lincoln and Garfield. 

What father and son were Presidents ? John Adams 
and John Quincy Adams. 

Give an instance of grandfather and grandson. Wm. 
H. Harrison and Benj. Harrison. 

What two ex-Presidents died on the same day, 4th of 
July, 1826. John Adams and Thos. Jefferson. 

What other ex-President also died on the 4th of July? 
James Monroe, in 1831. 

What two great Statesmen and Senators never gained 
Presidential honors? Henry Clay, of Kentucky, and 
Daniel Webster, of Massachusetts. 

The election of what three Presidents was decided by 
the House of Representatives ? Jefferson, John Quincy 
Adams and R. B. Hayes. 

Give the eligibility of a President. He must be a 
natural-born citizen, thirty-five years of age and fourteen 
years a resident of the United States. 

What is the President's salary ? 850,000 per year, 
$4,166§ per month, 8136 per day (Sundays included,) S160 
per day (Sundays excluded). 



48 CIVIL GOVERNMENT. 

How is this paid ? Monthly, out of the treasury. 

Has it always been this sum? No; it is subject to 
change by Congress, and was raised from twenty-five to 
fifty thousand in 1873. 

What is the probable total expense of the President 
for a term, including his salary, clerk hire, waiters, 
furnishing the White House, &c ? $500,000. 

How does this compare with the salaries of the execu- 
tive heads of European Governments ? It is very small; 
many of the petty sovereigns receive a sum far in excess 
of this amount. 

What is a President's term of office ? Four years. 

In case of death, resignation, removal or incapability 
of the President, who would become President ? The 
Vice-President. v 

CHAPTER XI. 
THE VICE-PRESIDENT. 

Eligibility ? Same as for President. 

Term of office ? Four years. 

How elected ? By the Presidential Electors, or by the 
United States Senate should the electors fail to make a 
choice. 

Does he rank next to the President in power and re- 
sponsibility ? He does not. 

What is his only duty ? To act as President of the 
Senate. 

What power has he in the Senate? As he is not a 
member of that body he can only discuss questions con- 
sidered in committee of the whole, and has no vote ex- 
cept in case of a tie. 



CIVIL GOVERNMENT. 49 

Who was the first Vice-President ? John Adams. 

How many Vice-Presidents were re-elected? Four. 

Name them. John Adams, George Clinton, Daniel 
D. Tompkins and John C. Calhoun. 

How many have been elected President? Three; 
John Adams, Thomas Jefferson and Martin VanBuren. 

How many have succeeded to the Presidency ? Four; 
Tyler, Filmore, Johnson and Arthur. Which one was 
elected by the Senate ? R. M. Johnson, of Kentucky, 
in 1837, ' 

Previous to 1886 in case of death, removal, resigna- 
tion or inability of both President and Vice-President, 
w T ho succeeded to the Presidency ? First, the president 
pro tempore of the Senate ; next, the Speaker of the 
House of Representatives. 

What bill was passed in 1886? The " Presidential 
Succession Bill." 

What does it provide ? That the members of the 
Cabinet shall succeed to the Presidency after the Vice- 
President. 

Name the order of succession ? Secretary of State, 
Treasury, War, Attorney General, Post Master General, 
Secretary of the Navy, Secretary of the Interior. 

Salary of Vice-President ? $8,000 per annum. 

CHAPTER XII. 
PRESIDENTIAL ELECTIONS. 

How often do we elect a President? Once in four 
years. 

What years are election years? All those exactly di- 
visible by four. 



50 CIVIL GOVERNMENT. 

When is the presidential election held? On the first 
"Tuesday after the first Monday in November, next pre- 
ceding the expiration of a presidential term. 

Do the people vote directly for President and Vice- 
President ? They do not. 

For whom do they vote ? For electors who vote for 
and elect President and Vice-President. 

How are electors nominated? Each political party 
nominates its own electors. 

How are they elected ? By the people by a plurality 
vote. 

Should there be more than one set of electors, which 
set "would be elected? The set receiving the highest 
number of votes. 

Do these electors consider that they are instructed for 
whom to vote ? They do. 

Have they ever dared to violate these instructions? 
They have not. 

Under the Constitution w T ould they have a right to 
vote for any other than the proposed candidates for 
President and Vice-President? They would. 

To what does the number of electors correspond ? To 
the number of members in both branches of Congress. 

How many electors in the Electoral College of the 
United States? 401. 

What part is necessary to a choice ? A majority. 

How many electors or electoral votes has Kentucky ? 
Thirteen. 

Why ? Because she has eleven Congressmen and two 
United States Senators. 



CIVIL GOVERNMANT. 51 

When were the first electors elected? In January ,, 
1789. 

'When are they elected now ? On the first Tuesday 
after the first Monday in November next preceding the 
expiration of a presidential term. 

When was this time for holding presidential elections 
fixed by Congress ? In 1845. 

When and where do the electors of the several States 
meet and cast their votes for President and Vice-Presi- 
dent ? Formerly on the first Wednesday in December 
following their election at their respective State capitols, 
or such other places as might be designated by their 
State Legislatures, but now they meet on the second 
Monday in January. 

When they have met how do they proceed? They 
cast separate votes by ballot for President and Vice- 
President, one of which shall not be from the same State 
as themselves, and make out three lists of the same,, 
which are signed, sealed and certified to. 

What do they do with these lists ? They send one by 
mail to the President of the United States Senate, and 
one is sent to him by a special messenger, and the third 
is placed in the hands of the judge of the Federal Court 
of the district in which they meet. 

When are these votes counted ? On the second Wed- 
nesday in February following. 

How ? By the President of the Senate in the pres- 
ence of both Houses of Congress. 

In case no candidate has received a majority of the 
electoral votes what is done ? The House of Represen- 



52 CIVIL GOVERNMENT. 

tatives proceeds to elect a President from among the 
three having the highest number of votes. 

How often has this been done? Three times; first, in 
the choice of Jefferson- in 1801 ; next, in the choice of 
John Quincy Adams in 1825, and R. B. Hayes in 1877. 

Should the House fail to make a choice by the 4th of 
March, who would become President? The Vice-Presi- 
dent recently chosen either by the electors or by the 
Senate. 

In the election of Vice-President by the Senate, who 
are voted for ? The two candidates having the highest 
number of electoral votes. 

In such elections how many shall constitute a quqrum? 
Two-thirds of the whole number of Senators. 

How many necessary to a choice? A majority of all 
the Senators. 

Is the election of a President by the electoral vote an 
equitable one ? It is not. 

Why? Because the voice of the majority of the citi- 
zens is often suppressed and the minority rule the major- 
ity. 

Give an instance? In 1860 Mr. Lincoln received a 
majority of fifty-seven electoral votes over all his com- 
petitors, while they received a popular majority over 
him of more than 900,000 ; also Hayes was chosen Pres- 
ident while Tilden, his opponent, received a popular ma- 
jority of 251,000; also in the recent election Harrison 
received a large majority of the electoral vote, while 
Cleveland received a popular majority of more than 100,- 
000. 



CIVIL GOVERNMENT. 53 

What is the cause of this inequality and injustice ? It 
is owing to the superior relative power in the electoral 
college of the smaller States over the larger ones 

Illustrate. Delaware is entitled to one elector for her 
one Representative, and by virtue of her two Senators 
she is entitled to two more, thus, by her Senatorial 
equality, increasing her electoral power 200 per cent. 
New York is entitled to thirty-four electors for her 
thirty-four Representatives, and to only two more for 
her Senators, thus increasing her electoral power less 
than six per cent. 

How may this injustice be removed? By so amend- 
ing the Constitution as to elect a President by the popu- 
lar vote. 

CHAPTER XIII. 
INAUGURATION, APPOINTMENTS, ETC. 

When is the President inaugurated? On the 4th of 
March next following his election, provided the same 
does not fall on Sunday. 

What Presidents have been inaugurated on Monday, 
the 5th of March? Jeiferson in 1801, Jackson in 1829, 
Buchanan in 1857, and Cleveland in 1885. 

How often does this occur ? Once every twenty-eight 
years, or every seventh term. 

What do you mean by inauguration? Taking the 
oath of office. 

Who administers it ? The Chief Justice. 

What is said of this oath ? It is very short and im- 
pressive. 

What is he sworn to do? To preserve, protect and de- 



54 CIVIL GOVERNMENT. 

fend the Constitution of the United States to the best of 
his ability. 

What is said of the appointing power of the President? 
It is very great and would be appalling were it not for 
the fact that the Senate has to approve and confirm said 
appointments. 

How many appointments are made by the President 
direct? Probably 10,000. 

How many are made indirectly, through the heads of 
departments? Probably 75,000. 

Name some of the principal appointments made by 
the President. The Cabinet, or heads of departments. 
Justices of the Supreme Court and foreign ministers. 

When are these appointments acted upon by the Sen- 
ate ? As soon as they are made, if it is in session ; if 
not, said appointees, serve until it meets again, when 
they are either confirmed or rejected. 

Of what does the President's Cabinet consist? The 
heads of departments, who are his counselors and ad- 
visers. 

Would it be possible for the President to execute the 
laws and carry the government into successful operation 
without his Cabinet? It would not. 

Can the President overrule or disregard the advice of 
his Cabinet? He can. 

How many members in the Cabinet? Eight, viz., six 
Secretaries at the head of their respective departments 
of State, Treasury, War, Navy, Interior and Agricul- 
ture, the Post Master General and Attorney General. 

Under Washington's administration, how many depart- 



CIVIL GOVERNMENT. 55 

ments were there ? Five, viz., State, Treasury, War, 
Post Office and Attorney General. 

How many Cabinet officers were there? Three, viz., 
Secretary of State, Treasury and War. 

When was the department of the Navy added ? In 
1798, and the Secretary became the fourth Cabinet of- 
ficer. 

When did the Post Master General become a Cabinet 
officer ? In 1829, making the fifth. 

When was the Attorney General made a Cabinet of- 
ficer and the number raised to six ? In 1841. 

When was the Department of the Interior created and 
its chief given the seventh seat ? In 1849. 

When was the Department of Agriculture created ? 
In 1862. 

When was its Secretary made a Cabinet officer ? In 
1889. 

When the departments are sub-divided what are these 
sub-divisions called ? Bureaus ; as the Bureau of Edu- 
cation, Bureau o£ Indian affairs, Pension Bureau, &c, 
&c. 

CHAPTER XIV. 
DEPARTMENT OF STATE. 

Who is first in rank and importance of the Cabinet of- 
ficers ? The Secretary of State. 

Who is Secretary of State at this time (1889) ? Jas. 
G. Blaine. 

How are the duties and business of Secretary of State 
divided ? Into domestic and foreign affairs. 

What is his first great duty under domestic affairs? 



56 CIVIL GOVERNMENT. 

To keep and affix the Great Seal to all commissions 
signed by the President. 

What besides the Great Seal is he required to keep in 
his office ? The original copies of all acts, resolutions 
and orders of Congress. 

What further is he required to do with these acts, etc. ? 
To deliver a printed copy of them to each Senator and 
Representative, and to the Governor of each State. 

What is the object of this? That each officer may 
know wmat changes have been made in the laws. 

What is the duty of the Secretary of State respecting 
amendments to the Constitution ? To publish and offici- 
ally proclaim them. 

What respecting treaties ? He shall also publish and 
proclaim them. 

What is his duty at the close of each session of Con- 
gress ? He must cause to be published eleven thousand 
copies of all the laws, etc., of Congress. 

What must he do with them ? Distribute them. 

To whom are they distributed? To the President, 
Vice-President, ex-Presidents, Senators and Representa- 
tives, heads of the departments, foreign ministers, to the 
judges, clerks and marshals of the United States Courts, 
etc. 

What is done with the remainder ? They are distrib- 
uted among the States and Territories according to the 
number of their Representatives in Congress. 

Enumerate some of his duties under foreign affairs ? 

He has charge of the diplomatic corps, carries on the 
correspondence with our foreign ministers and transacts 



CIVIL GOVERNMENT. 57 

the business with the ministers from foreign countries to 
the United States. 

By whose advice is this correspondence carried on ? 
The President's. 

Who receives diplomats and foreign ministers to the 
United States? The President or Secretary of State. 

What is a diplomat? A foreign minister. 

What is a foreign minister ? An agent sent by one 
government to transact business with another. 

What are ministers sometimes called ? Ambassadors. 

CHAPTER XV. 
FOREIGN MINISTERS. 

How many classes of foreign ministers have we ? Six. 

Name them. Three classes of Envoys Extraordinary 
and Ministers Plenipotentiary, and one class each of 
Ministers Resident, Charge' d Affairs and Consuls Gen- 
eral. 

What determines the rank of a minister ? The power 
with which he is clothed, the importance of the nation 
to which he is sent, and the salary he receives. 

What do you mean by plenary ? Full. 

What do you mean by potens ? Power. 

What do you mean by plenipotentiary? Having full 
power. 

To what countries are first class Envoys Extraordinary 
and Ministers Plenipotentiary sent? Great Britain, 
France, Germany and Russia. 

What is their salary ? 817,500 per annum. 

Where are second class Ministers sent ? To China, 



58 CIVIL GOVERNMENT. 

Japan, Austro-Hungary, Italy, Brazil and Mexico. 

What is their salary? 812,000. 

Where are third-class sent ? To Peru, Chili and the 
Central American States. 

What is their salary? $10,000. 

Where are fourth class or Ministers Resident sent? 
Argentine Republic, United States of Columbia, Spain, 
the Netherlands, &c. 

What is their salary? $7,500, 

Where are fifth class or Charge'd Affairs sent? 

Switzerland, Norway and Sweden, Portugal &c. 

What is their salary ? $5,000. 

Where are sixth class or Consuls General sent? They 
are sent to the principal cities of the world, viz., Lon- 
don, Paris, Vienna, St. Petersburg, Constantinople, &c. 

What salary do they receive? From $6,000 down to 
$2,000 per annum. 

What are their duties ? To look after our commerce, 
vessels, seamen, property of deceased citizens of the 
United States, &c. 

What are Secretaries of the Legation ? Secretaries to 
the foreign ministers. 

What power is sometimes conferred upon them? 
Power to act in the ministers' stead. 

How are affairs of sudden and vital importance nego- 
tiated ? By special ministers. 

What are such commonly called? Commissioners. 

How is the Secretary of State and the other Cabinet 
officers appointed? By the President by and with the 
advice and consent of the Senate. 



CIVIL GOVERNMENT. 59 

What salary do they receive ? 88,000 per annum. 

CHAPTER XVI. 
DEPARTMENT OF THE TREASURY. 

What is the head of this department called l i Secre- 
tary of the Treasury. 

What are his duties and business ? To oversee all the 
financial transactions of the Federal Government. 

What of its rank and importance ? By many it is 
considered higher than that of Secretary of State, and 
it requires the wisest, shrewdest and best men of the na- 
tion to fill it. 

Upon what depends the success of every government, 
military movement, educational, commercial, industrial, 
or fraternal institution ? A well managed and replete 
treasury. 

Name some of the assistants of the Secretary of the 
Treasury. Two Assistant Secretaries, a Comptroller, 
several Auditors, a Comptroller of the Currency, a 
Treasurer, Register, Commissioner of Customs, Commis- 
sioner of Internal Revenue and several Bureaus, such 
as of Statistics, the Mint, Printing and Engraving, &c. 

What of the Assistants and clerical force of this en- 
tire department ? It is greater than any other depart- 
ment and costs the government annually about three 
million dollars to maintain it. 

What is responsible for the hundreds of millions of 
bank notes used in the business of the country? The 
treasury of the United States. 

What of our bank notes with such security as this ? 
They are just as good as gold. 



60 CIVIL GOVERNMENT. 

Who has oversight of the millions and millions of dol- 
lars paid into and out of our treasury? The Secretary 
of the Treasury. 

About how much is paid into it annually? About 
four hundred millions. 

Give the principal sources whence it comes? Tariff, 
Internal Revenue and sale of public lands. 

How much is derived from the tariff? About two 
hundred and nineteen millions. 

How much from Internal Revenue ? About one hun- 
dred and twenty-four millions. 

How much from sale of public lands ? About eleven 
millions. 

Where does the balance come from ? Miscellaneous 
sources, such as sale of stamps, licenses, fines, forfeit- 
ures, &c. 

How much is paid out of the treasury annually to 
carry on the civil government ? Seventy-three millions. 

How much for pensions ? About a hundred millions. 

How much for interest on public debt ? About forty- 
five millions. 

What was the public debt in 1789 ? Seventy-five mil- 
lions. 

When was it the smallest? In 1837 when it was only 
three hundred and thirty-seven thousand. 

What was the financial condition of the country then ? 
Times were hard and money was scarce. 

When was the public debt the greatest? In 1866, 
when it was more than §2,773,000,000 

What of the financial condition of the country then ? 



CIVIL GOVERNMENT. 61 

Money was plentiful but its purchasing power was not 
very great. 

What is the public debt at the present (1889) ? 
Nearly $1,700,000,000. 

How much to maintain the army ? Thirty-nine mil- 
lions. 

The navy ? Seventeen millions. 

Indian affairs? Six millions. 

- 

CHAPTER XVII. 
WAR DEPARTMENT. 

Who is Commander in Chief of the army ? The Pres- 
ident. 

Who ranks next to him in power and authority ? The 
Secretary of War. 

What is his rank in the Cabinet ? It is the third in 
importance. 

Over what has he control ? The army and its affairs. 

Name some of the officers of the bureaus of this de- 
partment? Adjutant-General, Quartermaster-General^ 
Paymaster-General, Chief of the Signal Service, &c. 

How large a standing army has the United States at 
present ? Twenty-six thousand. 

How large is Russia's standing army? 975,000, or 
about thirty-six times as large as that of the United 
States. 

What is the war footing of the United States? 
3,165,000. 

What do you mean by war footing ? The number of 
men subject to military duty. 



62 CIVIL GOVERNMENT. 

What can you say of this ? It is larger than that of 
any other nation. 

How many men were called into service by the Fed- 
eral Government during the civil war? About three 
million. 

How many did Kentucky furnish? Seventy-five 
thousand. 

Where are most of the army ofiicers educated and 
trained ? In the Military Academy at West Point, N. Y. 

Under what control is this ? Control of Congress. 

What is the object of the signal service? To make 
scientific observations and forecasts of the weather. 

Why is this placed under the war department? Their 
widely scattered posts render it easy for them to manage. 

The following is a part of the pay-roll and shows the 
rank and pay of the principal officers of the army : 

OFFICER. SALARY. 

General $13,500 per year. 

Lieut. General 11,000 

Major General 7,500 

Brigadier General 5,500 

Colonel 3,500 

Lieut. Colonel 3,000 

Major 2,500 

Captain, mounted 2,000 

Captain, not mounted 1,800 

Regimental Adjutant 1,800 

Regimental Quartermaster 1,800 

First Lieutenant, mounted 1,600 

" " not mounted 1,500 

Second " mounted ... 1,500 

" " not mounted 1,400 

Chaplain 1,500 



CIVIL GOVERNMENT, 63 

CHAPTER XVIII. 
NAVY DEPARTMENT. 

What is the Navy Department? The ship or war ves- 
sel department. 

What is its chief officer called? Secretary of the 
Navy. 

What does he have charge of? All the officers, men 
and war vessels pertaining to the navy of the United 
States. 

How many vessels in our navy ? About 140. 

How many war vessels has Russia ? 386. 

How many vessels were added to our navy during the 
civil war? 400. 

What was the highest number we had during that 
period ? About 600. 

How many men of all ranks in the United States navy ? 
Eleven thousand. 

How does the Secretary manage so many vessels and 
men and such a vast amount of property? Through the 
various bureaus. 

Enumerate them ? The Bureau of Yards and Docks, 
of Equipment and Recruiting, of Navigation, of Ord- 
nance, of Medicine and Surgery, of Provisions and 
Clothing, of Steam Engineering, and of Construction 
and Repair. 

Over what does the Bureau of Navigation have super- 
vision ? Over all that relates to the geography of the 
sea, the naval observatory, the nautical almanac and 
naval apprentices. 



64 CIVIL GOVERNMENT. 

Where are naval officers educated and trained ? At 
the United States Naval Academy at Annapolis, Mary- 
land. 

The following is a partial list of the rank and pay of 
naval officers at sea : 

OFFICERS. SALARY. 

Admiral $13,000 

Vice- Admiral 9,000 

.Rear- Admiral 6,000 

Commodore.. 5,00Q 

Captain 4,500 

Commander 3,500 

CHAPTER XIX. 
INTERIOR DEPARTMENT. 

When was this Departments established ? In 1849. 

For what purpose ? To relieve the other departments 
and further aid the President in the manipulation of the 
constantly increasing home affairs. 

Into how many bureaus is this department divided? 
Six. 

Name them. Patents, Public Lands, Indian Affairs, 
Pensions, the Census and Bureau of Education. 

From what department was the Bureau of Patents 
transferred? From the Department of State. 

The Bureau of Public Lands? From the Treasury 
Department. 

The Bureau of Indian Affairs ? From the War De- 
partment. 

The Pension Bureau ? From the War and Navy De- 
partments. 



CIVIL GOVERNMENT. 65 

The Census Bureau ? From the Department of State. 

Whom should you address to obtain a patent ? The 
Commissioner of Patents, who will instruct you how to 
proceed. 

Papers guaranteeing you a patent are called what? 
Letters Patent. 

How are they signed ? By the Secretary of the In- 
terior and countersigned by the Commissioner of Pa t- 
ents and affixed with the seal of his office. 

How would you obtain Public Lands? Apply to the 
Register of the Land Office in the district in which your 
claim is located and he will instruct you how to proceed. 

What is the chief officer of the Bureau of Indian Af- 
fairs called ? The Commissioner of Indian AiTairs. 

What is his business? He resides at Washington 
City and has oversight of the various superintendents, 
agents and sub-agents who reside near or among the In- 
dians. 

What is the duty of these agents and sub-agents? To 
receive and distribute the goods and money given by 
treaty to each tribe, and to oversee the schools and me- 
chanical and industrial institutions established among 
the Indians. 

Are Indians citizens and counted among our popula- 
tion ? Except a few who are taxed they are not. 

What is a pension ? A provision made by the general 
government for the officers and privates of the army and 
navy disabled in the service of their country. 

Who has charge of the Pension Bureau ? The Com- 
missioner of Pensions. 



66 CIVIL GOVERNMENT. 

By whom is he appointed ? By the President and the 
Senate. 

What are his duties ? To carry into effect the pension 
laws and to appoint pension agents in all the States and 
Territories. 

What are the duties of these pension agents ? To re- 
ceive and distribute the money due pensioners, and to* 
give information concerning pensions. 

What is the chief of the Census Bureau called ? The 
Superintendent of the Census. 

What is the census ? An enumeration or counting of 
the inhabitants of any country. 

How often is our census taken ? Once in every ten- 
years. 

What is the principal object in taking the census? 
To obtain the number of representatives each State is 
entitled to. 

What besides the number of inhabitants is obtained by 
the census ? The number of acres of land under culti- 
vation, number of bushels of grain raised, number of 
horses, cattle, sheep, hogs, &c, number of manufac- 
turing establishments and the amount of their produc- 
tions, number of churches, schools, colleges &c, number 
of deaf, blind and insane persons, and a yariety of 
other miscellaneous and valuable matter. 

Who are designated by law as the persons to take the 
census ? The United States Marshals. 

Whom do the marshals appoint ? A number of assist- 
ant marshals. 

What is required of these assistant marshals? To 



CIVIL GOVERNMENT. 67 

visit every house in their respective districts and obtain 
the number of persons and other statistical information. 

How does he take down or register this information ? 
On blanks. 

Who prepares and prints these blanks and forwards 
them to the marshals ? A board in the Interior Depart- 
ment appointed for that purpose. 

Are these assistant marshals under oath? They are. 

Are the citizens also sworn when they give in their 
lists ? They are. 

Should they fail to give a true list or refuse to answer 
the questions, what is the penalty? A fine of thirty 
dollars for each offense. 

To whom do these assistants make their returns ? The 
United States Marshals, who forward same to the super- 
intendent, who formulates and publishes them. 

What are the duties of the Commissioner of Educa- 
tion ? To collect and publish information showing the 
condition and progress of schools in the States and Ter- 
ritories, and to publish any information that might pro- 
mote the cause of education. 

CHAPTER XX. 
POST OFFICE DEPARTMENT. 

What is the head of this department called ? Post 
Master General. 

What is his term of office and when does it begin ? 
Four years, and begins one month after the inauguration 
of the President and continues one month after the ex- 
piration of a presidential term. 



68 CIVIL GOVERNMENT. 

How many assistants has he ? Three. 

How designated? As first, second and third assist- 
ants. 

What are the duties of the Post Master General ? To 
maintain a general supervision over all the post office 
business of the United States. 

What are the duties of the first assistant ? He has. 
charge of the Appointment Office and attends to all ap- 
pointments and bonds given by post masters, agents and 
clerks, salaries and allowances w T here they are not pro- 
vided for by law T , free delivery in cities, blanks and re- 
ports, foreign postage, &c. 

What are the duties of the Second Assistant? He 
has charge of the Contract. Office, and attends to the let- 
ting of contracts and the transportation of mails, time 
schedules, mail equipments, maps and diagrams of mail 
routes, general distribution, &c. 

What are the duties of the Third Assistant ? He has 
charge of the Finance Office. 

What two divisions in this office ? Finance and Dead 
Letter. 

Of what does the finance office have charge ? The en- 
tire cash receipts, transfers and disbursements of the 
department, of postage stamps, stamped envelopes, news- 
paper wrappers and postal cards, registered letters and 
seals. 

What are dead letters? Those not taken out of the 
office to which they were sent. 

How long must a letter be advertised before it is sent 
to the dead letter office ? Three weeks. 



CIVIL GOVERNMENT. 69 

What is done with letters at that office ? They are 
opened and returned to the sender, if they contain his 
name and address. 

If the rightful owner can not be discovered, how long 
are they held subject to his order? Four years. 

What is done at the end of four years ? Money or 
any articles of value they may contain is deposited in 
the treasury to the credit of the department. 

By whom are the Post Master General and his assist- 
ants appointed ? By the President and Senate. 

Who are first, second and third class post masters? 
Those whose salary is a thousand dollars or more. 

By whom are they appointed ? The President. 

Who are fourth and fifth class? Those whose sala- 
ries are less than a thousand dollars per year. 

By whom are they appointed ? By the Post Master 
General. 

What is first class mail matter ? All letters and all 
other written matter, sealed, nailed, sewed, tied or fast- 
ened so it can not be easily examined. 

What is the rate of postage on first class matter ? Two 
cents per ounce or fraction thereof. 

What is second class mail matter ? Only that usually 
sent by publishers of papers and news agents. 

Rate of postage ? One cent per pound. 

What is third class mail matter ? Printed matter in 
unsealed wrappers only. 

What does this include ? Books, circulars, chromos, 
engravings, handbills, lithographs, magazines, music, 
newspapers, pamphlets, photographs, proof sheets and 



70 CIVIL GOVERNMENT. 

manuscript accompanying the same, and in short any re- 
production upon paper by any process except hand writ- 
ing and the copying press. 

Rate of postage on same ? One cent for each two 
ounces or fraction thereof. 

Limit of weight? Four pounds, except for a single 
book which may weigh more. 

What is fourth class mail matter ? All mailable matter 
not included in the three preceding classes, which is so 
prepared as to be easily withdrawn, from the package and 
examined. 

Rate of postage? One cent per ounce or fraction 
thereof. 

Limit of weight? Four pounds. 

What is the postage on letters to most foreign coun- 
tries ? Five cents on each letter. 

What is the postage on newspapers? One cent for 
each two ounces. 

Is the postage on mail matter going to Canada the 
same as in the United States ? It is. 

CHAPTER XXI. 
ATTORNEY GENERAL. 

What is the duty and business of the Attorney Gen- 
eral ? To give legal advice to the President when nec- 
essary, to institute suits for the United States and to de- 
fend suits against the same. 

Who is the attorney of the Supreme Court? The 
Attorney General. 

Of what officers has he charge ? United States Dis- 
trict Attorneys and Marshals. 



CIVIL GOVERNMENT, 71 

Name his principal assistants ? Solicitor General, 
Assistant Attorney General, Assistant Attorney General 
at Court of Claims, Assistant Attorney General in the 
Interior Department, Assistant Attorney General in the 
Post Office Department. 

What is this department called ? The Department of 
Justice. 

DEPARTMENT OF AGRICULTURE. 

What is the head of this department called? Secre- 
tary of Agriculture. 

When was he made a Cabinet officer ? In 1889. 

What is his business ? To superintend the public and 
experimental grounds at Washington, to collect and dis- 
tribute valuable seeds, to investigate contagious diseases 
of animals, to report the depredations of birds and nox- 
ious insects and to give such information as may be val- 
uable to agriculturists and horticulturists. 

PROMISCUOUS QUESTIONS. 

What is the first day of our fiscal year ? The first day 
of July. 

What does fiscal mean? " Pertaining to the public 
treasury or revenue." 

When are the fiscal reports of the departments made ? 
June the 30th. 

What of the President's pardoning power? He has 
power to grant reprieves and pardons for offenses against 
the United States, except in cases of impeachment. 

What of his power in making treaties ? He can make 
treaties by and with the advice and consent of the Sen- 



72 CIVIL GOVERNMENT. 

ate, provided two-thirds of the Senators concur in the 
same. 

What of his power to fill vacancies ? He has power 
to fill vacancies during the recess of the Senate by grant- 
ing commissions which shall expire at the end of their 
next session. 

What is said about giving Congress information re- 
garding legislation? He shall recommend such meas- 
ures to their consideration as he shall deem necessary. 

What of his power to convene and adjourn Congress? 
On extraordinary occasions he may convene both 
Houses or either of them ; in case of disagreement be- 
tween them w^ith respect to time of adjournment, he may 
adjourn them to such time as he may see proper. 

Has the President ever convened Congress in ex- 
tra session? He has, more than once. 

When? First in 1809, next in 1837 and again in 
1861. 

What are the last injunctions in the Constitution rel- 
ative to the duties of the President ? That he shall take 
care that the laws are faithfully executed, and shall 
commission all the officers of the United States. 

CHAPTER XXII. 
JUDICIAL DEPARTMENT. 

What is the third branch of the government? The 
Judicial Department. 

What is its sphere ? To interpret the Constitution, to 
decide controversies, to try offenders and pronounce 
sentence upon them, to enforce rights, to keep the whole 



CIVIL GOVERNMENT. 73 

organism of the government in proper place and propor- 
tion. 

What is this department sometimes called ? A regula- 
tor of the governmental machinery, or the keystone of 
the government. 

By the Constitution where is the judicial power of the 
United States vested? In the Supreme Court and such 
inferior courts as Congress may from time to time or- 
dain and establish. 

What is the highest tribunal in the United States ? 
The Supreme Court. 

By w^hat is it ordained and established ? By the Con- 
stitution. 

By what is it organized ? By Congress. 

Name the inferior courts established and organized by 
Congress? United States Circuit Courts, District 
Courts, Court of Claims, Territorial Courts and the 
Courts of the District of Columbia. 

The following diagram exhibits the various Federal 
or United States Courts together with their officers : 

ONE SUPREME COURT. 

1 Chief Justice f Clerks C Attorney General. 

-j Marshal < 
8 Associate Justices ( Repo't'r ( Solictor General. 

NINE CIRCUIT COURTS. 

8 Justices of Supreme Court f Clerks. 

-< District Marshals. 

9 Circuit Judges ( District Attorneys. 



74 CIVIL GOVERNMENT. 

FIFTY-SEVEN DISTRICT COURTS. 

57 District Judges f Clerks, Mar- f District Attorneys. 
I shals, Grand ! 
and Petit j 
Juries ^ 

ONE COURT OF CLAIMS. 

1 Chief Justice f Clerks and Bailiff. 

4 Associate Justices ( 

TERRITORIAL COURTS. 



Judges | Marshals J Attorneys 



Clerks \ 

COURTS OF THE DISTRICT OF COLUMBIA. 

1 Chief Justice j Marshal, Attorney, 

4 Associate Justices { Clerk. 

What are the officers of the United States Courts 
called? Judges, Attorneys, Marshals, Clerks, and in 
some cases a Reporter. 

How are the judges of all these courts appointed? By 
the President and Senate. 

Term of office ? For life or during good behavior. 

Why for life ? To leave them free from dependence 
upon any other department and secure them against 
party influence. 

How may their offices become vacant ? By death, res- 
ignation or impeachment. 

How are attorneys and marshals appointed ? By the 
President and Senate. 

Term of office ? Four years. 



CIVIL GOVERNMENT. 75 

What are the duties and business of the attorneys ? 
They are the lawyers for the United States, and it is 
their business to prosecute all delinquents for crimes 
and offenses cognizable by the United States, and to 
represent the United States in all the civil actions oc- 
curring in their respective districts. 

What are their duties respecting the Collectors of 
Customs and other revenue officers ? They must defend 
them when suits are brought against them in their of- 
ficial capacity. 

What must they report to the Solicitor of the Treas- 
ury ? The number of suits determined and pending in 
their respective districts. 

Their compensation ? Their fees. 

What are the duties of the Marshal? Similar to 
those of the sheriff of a county ; he must serve all writs, 
orders, notices and processes given to him, make all 
arrests, attend the sittings in his district courts and keep 
order, pay off the jurors, &c. 

What property is he custodian of? All vessels and 
goods seized by any revenue officer. 

Is he under oath and bond ? He is. 

How is he assisted ? By deputies chosen by himself. 

What is his duty relative to the census ? He appoints 
his assistants and distributes among them the blanks, 
and also receives them again and returns them to the 
Chief of the Census Bureau. 

What is required of him on the first day of January 
and July each year ? To make a return of all fees and 
emoluments of his office to the Secretary of the Interior. 



76 CIVIL GOVERNMENT. 

Should they amount to more than $6,000 per year 
what must be done with the surplus ? He must pay it 
into the United States Treasury. 

By whom are the Clerks appointed ? By the courts to 
which they belong. 

Their duties ? To keep a record of all orders and pro- 
ceedings of the court and perform such other duties as 
shall devolve upon them. 

Compensation ? Their fees, except clerk of the Su- 
preme Court, who gets $6,000 per year. 

May the same clerk serve both the District and Cir- 
cuit courts ? He may. 

CHAPTER XXIII. 
THE SUPREME COURT. 

Of what is the Supreme Court composed ? Of one 
Chief Justice, eight Associate Justices, Attorney Gen- 
eral, Solicitor General, Marshal, Clerk and Reporter. 

Where and when does it meet ? In Washington City, 
annually, on the first Monday in December. 

How many judges constitute a quorum ? Six. 

What of the rank and precedence of the Associate 
Justices? They rank according to the date of their 
commissions, the earliest commission taking precedence 
of all the others. 

What is the salary of the Chief Justice ? $10,500, 
payable monthly out of the treasury. 

Of the Associate Justices ? $10,000, payable the same 
way. 

Who are the Attorneys of the Supreme Court ? The 
Attorney General and the Solicitor General. 



CIVIL GOVERNMENT. 77 

Who is the Marshal ? The Marshal of the District of 
Columbia. 

How is the Reporter of the Supreme Court appointed ? 
By the Court. 

What are his duties ? To note down and to have pub- 
lished the decisions and proceedings of the Court within 
^ight months after the sitting of the Court. 

His salary? $7,500. 

Jurisdiction of Supreme Court ? It has both original 
and appellate jurisdiction. 

Oyer what cases has it original jurisdiction? Cases 
affecting foreign ministers and consuls and those in which 
a State shall be a party. 

Over what cases has it appellate jurisdiction? Over 
such as have been appealed from the lower courts. 

What do you mean by original jurisdiction ? If a case 
can be instituted or brought in any court, that court is 
said to have original jurisdiction. 

What do you mean by appellate jurisdiction? Juris- 
diction over cases appealed from lower courts. 

What is meant by exclusive jurisdiction? When a 
suit can be instituted only in a certain court. 

UNITED STATES CIRCUIT COURTS. 

What courts rank next in dignity, power and jurisdic- 
tion to the Supreme Court ? The United States Circuit 
Courts. 

Into how many Circuit Court districts are the United 
States divided ? Nine. 

Name the States composing the Sixth District ? Ten- 
nessee, Kentucky, Ohio, Michigan. 



78 CIVIL GOVERNMENT. 

Are these districts permanent? No, they are subject 
to change by Congress. 

What is the design of these Circuit Courts ? They 
are branches of the Supreme Court, and the object is to 
make them pervading and accessible to all the States. 

When was the law creating circuit judges enacted? 
In 1869. 

How many circuit judges are there? Nine; one for 
each Circuit Court district. 

How does he hold his courts ? Either alone or with 
the district judge as associate. 

In case of his absence how may the court be held ? 
By a district judge or by two district judges. 

How often is a judge of the Supreme Court required 
to hold court in each circuit? At least once in two 
years. 

Who may sit with him as associate ? Either the cir- 
cuit judge or the district judge. 

What is the salary of a circuit judge? $6,000 per 
year. 

What kinds of jurisdiction have the Circuit Courts? 
Original, appellate and concurrent. 

What is meant by concurrent jurisdiction? Equal 
jurisdiction. 

In what cases have they concurrent jurisdiction with 
the State Courts ? In all cases where the matter in dis- 
pute exceeds the sum of $500 and the United States 
are plaintiffs, or where an alien is a party, or where the 
suit is between citizens of different States. 

Over what matters have they exclusive jurisdiction? 



CIVIL GOVERNMENT. 79 

Over all cases of crimes against the United States, ex- 
cept where the law especially confers the power on other 
courts. 

Who acts as attorney for the circuit courts ? The dis- 
trict attorney of the district in which the court is held. 

Who is the Marshal? The United States Marshal of 
the district in which the court is held. 

CHAPTER XXIV. 
DISTRICT COURTS. 

How do the District Courts rank ? They are next in 
power and authority to the Circuit Courts. 

Into how many United States Court districts are the 
United States divided ? Fifty-seven. 

What of the size of these districts ? Every State con- 
stitutes at least one district ; some are divided into two 
and some into three districts. 

How many districts in Kentucky? Kentucky forms 
one district called " Kentucky district." 

How many district judges? Fifty-seven; one to each 
district. 

What are their salaries ? From 83,500 to $5,000. 

Who are the other officers ? The District Attorney, 
the United States Marshal and Clerk. 

Over what cases have the District Courts concurrent 
jurisdiction with the Circuit Courts? Over cases against 
consuls and vice-consuls where the amount does not ex- 
ceed $100, and over all cases of crimes against the laws 
of the United States, not punishable by death. 

Over what causes have they exclusive jurisdiction? 
Over all admiralty and maritime causes. 



80 CIVIL GOVERNMENT. 

What is an admiral ? The highest naval officer. 

What are the laws respecting ships of war and war- 
like operations at Sea called ? Laws of Admiralty. 

What are the laws respecting vessels engaged in com- 
mercial affairs called ? Maritime laws. 

To what besides the operations at sea do these laws 
apply? The vessels on lakes and navigable rivers. 

Then under what jurisdiction are all of our steamboats 
and steamboatmen ? That of the United States District 
Court. 

COURT OF CLAIMS. 

Of what does the Court of Claims consist? Of one 
Chief Justice and four Associate Justices. 

Their sakries ? $4,500 per year. 

When and where does this court hold its sessions? In 
Washington beginning on the first Monday in Decem- 
ber each year and continues its sessions as long as busi- 
ness requires. 

What is the mode of commencing proceedings before 
this court? By petition. 

What is the object and business of this court? To 
save time of Congress and to adjust claims before they 
are presented to Congress ; if this court allows a claim 
Congress will pass a bill for the benefit of the claimant. 

TERRITORIAL COURTS. 

Where are the Territorial Courts used ? In the Terri- 
tories for their government. 

How divided? Into a Supreme Court and District 
Court, 



CIVIL GOVERNMENT. 81 

What of the term of office of the judges of these 
courts? They are generally appointed for four years 
but may be removed sooner. 

COURTS OF THE DISTRICT OF COLUMBIA. 

Of what is the Supreme Court of this District com- 
posed? Of one Chief Justice and four Associate Just- 
ices. 

When and where held ? On the first Monday in De- 
cember, in Washington City. 

For what purpose ? For the local government of the 
District of Columbia. 

JURIES. 

How many kinds of juries are there? Two; Grand 
Juries and Petit Juries. 

In what kind of cases does the Grand Jury act? In 
criminal cases only. 

In what kind does the Petit Jury act ? In both crim- 
inal and civil cases. 

The finding or conclusion of a Grand Jury is called 
what ? A presentment or indictment. 

What is the finding of a Petit Jury called ? Its ver- 
dict. 

Where does a Grand Jury sit? Alone, not in the 
presence of the court, and deliberates upon matters of a 
criminal character only. # 

What do you mean by the presentment or indictment 
of a Grand Jury ? That they have found upon examin- 
ation that a certain person has violated the law, and they 
present him to the court and call the attention of the 



S2 CIVIL GOVERNMENT. 

officers to these violations, and recommend that judicial 
proceedings shall be instituted against him. 

Does the Grand Jury ever try a case ? It does not. 

Where does a Petit Jury sit? With the court; hears 
the evidence, the pleading and arguing of the counsel 
and the instruction of the judge. 

What do they then do? Retire to their room and de- 
liberate alone. 

After deliberation, if they agree, what do they do? 
If in a criminal case they bring in a verdict of " guilty 
or not guilty;" if in a civil case they say how much one 
party, if any, is indebted to the other. 

Do these same questions relative to juries apply to the 
State courts ? They do. 

What provision respecting the retirement of Judges 
of the Federal Courts? They may retire after they are 
seventy years of age and still draw the same salary as at 
the time of their resignation. 



CIVIL GOVERNMENT. 



83 



POPULATION, &c, OF THE UNITED 
STATES, 1888. 



STATES. 



Alabama 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

Illinois . 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana ....... 

Maine 

Maryland 

Massachusetts . . . . 

Michigan _ 

Minnesota 

Mississippi 

Missouri 

Nebraska ...... 

Nevada 

New Hampshire . . . 

New Jersey 

New York 

North Carolina . . . 

Ohio 

Oregon 

Pennsylvania . . . . 
Rhode Island . . . . 
South Carolina . . . 

Tennessee 

Texas 

Vermont ....... 

Virginia 

West Virginia . . . . 
Wisconsin 

Total 



Estimated Pop- 



1,500,000 
1,140,000 
1,350,000 
350,000 
670,000 
150,000 
450,000 

3,750,000 
2,500,000 
1,800,000 
1,518,552 
2,200,000 
1,100,000 

660,139 
1,100,000 
2,078,625 
2,195,692 
1,250,000 
1,300,000 
2,750,000 
1,400,000 
61,000 

346,000 
1,463 404 
6,500,000 
1,650,000 
4,500,000 

250,000 
5,400,000 

304,284 
1,350,700 
1,700,000 
2,060,000 

333,ooo 
1,700,000 

800,000 
1,700,000 



63>393,io7 



Popular 
Vote. 



174,100 

i55,9 68 

251,339 

91,798 

153,978 
29,787 
66,641 

142,939 
747,686 

536,949 
404,140 

33i,i72 
344,78i 
H5,744 
128,250 
210,921 
344,448 
475,313 
263,306 
115,807 

523,198 

202,622 

12,632 

90,833 

303,701 

1,320,109 

285,473 
841,941 

61,911 
997,568 

40,766 

79,56i 
303,736 
357,513 

63,44o 
304,093 
159,188 

354.6i4 



ej 


n 







zn 


s 




03 


CO 




n 




3 


ir. 


p 


B 





n 




3 


•x 





K 



7<j 



5 

6 
1 

4 

1 

2 

10 

20 

13 

11 

7 
11 

6 

4 

6 

12 

11 
5 
7 

14 
3 
1 
2 
7 

34 
9 

21 
1 

28 
2 

7 

10 

11 

2 

10 
4 
9 



$25 



84 



CIVIL GOVERNMENT. 



COMPARATIVE GOVERNMENTS 





EXECUTIVE DEPARTMENT. 


Country. 


Kind of Gov- 
ernment, 


Executive 


Term of Office 


How Elected. 


U.S. of 
America 


Democratic 
Republic 


President 


4 years 


By the People 


Russia 


Absolute 
Monarchy 


Czar 


For life 


Hereditary 


Great 
Britain 


Limited 
Monarchy 


King or Queen 


For life 


Hereditary 


Germany 


Limited 
Monarchy 


Kaiser or 
Emperor 


For life 


Hereditary 


France 


Republic 


President 


7 years 


By Senate 
and House 
of Deputies 


Italy 


Limited 
Monarchy 


King or Queen 


For life 


Hereditary 


Brazil 


Limited 
Monarchy 


Emperor 


For life 


Hereditary 


Mexico 


Republic 


President 


4 years 


By electors 


Canada 


Appendage of 
Great Britain 


Governor 
General 


Indefinite 


Appointed by 
the Crown 


China 


Absolute Mon. 


Emperor 


For life 


Hered'tary 



CIVIL GOVERNMENT. 



85 



OF DIFFERENT COUNTRIES. 



LEGISLATIVE DEPARTMENT. 


Upper 
Branch 

Senate 


S5 
p 

o 

g 

n 

B 
a 

«3 


H 

a 

1 

B 



c 
& 






How Elected. 

By the State 
Legislatures 


Lower 
Branch 


3 




B 
a* 

a> 

w 

325 


a 
*t 

B 



C 


2 
yrs 


How 
Elected. 


76 


6 yrs. 


House of Rep- 
resentatives 


By the 

people 


















House of 
Lords 


492 


For 
life 


Hereditary 


House of 
Commons. 


654 


2 

yrs 


By the 
people 


Bundesrath or 
Fed'l Council 

Senate 


59 


1 yr. 


By the 

states 


Reichstag 


397 


3 
yrs 


By the 
people 


225 

and 

75 


9 yrs 
For 
life 


By Dep'rt's and 
Colonies. By 
Nat'l Assembly 


House of 
Deputies. 


532 


2 

yrs 


By the 

people 


Senate 




For 
life 


Appointed by 
the King 


Chamber of 
Deputies. 


508 


5 
yrs 


By the 
pecpie 


Senate 




For 
life 


By the popuiar 
vote 


Congress 




4 
yrs 

2 

yrs 


By the 
people 


Senate 




6 yrs. 


By the btate 
Legislatures 


House of 
Deputies. 


By the 
people 


Senate 


77 


For 
life 


By the Gov. 
General 


House of 
Commons 


206 


2 
yrs 


By the 

people 















86 



CIVIL GOVERNMENT. 



CU 

o 

h 
o 

w 

04 



< 

h 
Z 

w 

Q 

C/3 

K 

Oh 



O "* CM -^- O ts. t^ 

t^ CM t^ On CM H ro 
"*■ O m (N w con 



ro t^ CM vo t-^VO 
VO it O t^ CM On 
xt- CM t>» On tJ- H 



co <o n m m n m n cm h r^ t>» o hoo t»» rt- t>.vo 

ro vo n^ rnmts invo -*■ rooo t^ in cm vo m O O 

ON in t-^ O^ cm GnoO vo 00 ro ir, cm rooo ro vo t-» 

»*- in o\m « vo " -3- on cm cm ^£ rC t-T in m" t? t-C 

ro hc sn fo mvo •>*■ on f>. **t-co oo in on on w 

tO O^O^^rnco^^o^ OnoO^ f^vO CM ro c^ On On 

t^ h o «*» ■* in ro r^vo m -4- in h mo cxTcxT o 

co on onvo cm cm ^vo rovo h h moo cm rooo 

H OOvO N - HOO^O 



3 

o « 

a o 

> 

o — 
H 



1 **fc 
















H 


CM CM 


CM 


CM 


M 


M 


00 


On inoo 


H 


00 


CM 


t>. ro cm 


"* M 


CM 


-*• m cm 


CM 


ON O 


r- 




I) 


onno in onoo vo 


CM 


in oo 


ro 


-rO 




CM 


t^vo 


On 




Onoo 


t^VO H 


00 00 


ON O 






























VO 


'J 


cm 


00 


— 


CO 


rovo 


■*■ ^vo CO VO 


<<*■ 


— 


in 




(TN 


H 


ON t^ ro 


in t>. cm 


CM VO 


n 




'd-OO 






^r 


^-vo oo 




O vO 


O 


r^ Tf ^ 


o 


CO 






























H 


M 


M 


CM 


CM 


CM 


ro ■*• -*- tj- mvo oo 


On 


M 


























M 


rt 



> 



t^ t-^vo h oo t^oo oo h inmo t*» rooo on 
ONON.i.NOvo « O«o CM m OvCM rovo f~, 
CM vo t"» iioo t^ t^ in ts.vo m on On h 



JS 
3^ 



On ro '° m H s O ""- 00 On On it in ro w 
O vo ro c^vo m ro m w NO t^sVO ro t}- 
inmc^ - ro in ir cm oo oo t>»oo ro c^. w on 



H CM CASflH 

ro "f m rt- o - 
CMinmOCM«-^-MroOOOCMONOco 

t^t^H mNO Moovovoint^roo m On 
•^-00 vo I s * rovo O rovo H m On ro in — ro 
vo vo t>. CM ro rovo 00 jo ci O mO "*- On "<*■ 

l-T H H H H H N CO CO -t Tf -t in 



■3}OA 
IBJOlDSp 



p3AT3D3a 
9JOA 



'paioap 
U3 HA\ 



in w moo -t -tmOVOvO ro -*■ t^vo On On hi m 
rovo VO00 ONONt^ONCNONO -< mvOvOvO 
c^CMCMCMCMCMCMCMCMCMrorororororo^-^ 



h -^-co onO -^ ro-^-^-0 cm -^-vo in ^ on ro 
rooo c^ m r^ ro Cv.vo in t^.00 m <-> oo 00 w m ro 

CM mCMmCMMHCMMHCMCMCM-icMCMW 



On cm vo O ^t-oo CM 
00 ON ON O O J M 
!T^ O. C^OO 00 00 CO 



VO -tf-oO CM vo ^00 CM VO -<i-oo CM vo "<*-oo 
M N N N r^rO't-ftir) mvo VO VO t» r>.00 00 CO 

00 oocooocoooccoooooooooocooocococoooco 



d a 

d cri 
o o 



fl o fl 
or! u 



9f- 






(V a a e c c 

■»-> rH cd cc! cci cd C5 



q 



" CU 1) <U V <u 



£ 

_ cci 

cd cd u u o u «! u 

; :>h8gg|lllllll 



4) <U CU 



o a> 



U t) D J) 4) 1) J) 



iS S "3333 

bj) fcjo . o o o o 

.S.S w £ 2 -8 .a 

-3 J3 S,n) ,<u "O "O 







• O o 

3 o u 

=. 3 



'3 a 

3 ^aS.u 



_i 5 ' — > l ~~>»^ Cu~ '3 ( -i_ 1 rtc3c3rK 1 r^cci 
tnQ'a;o.5 > -;Wa3^pQ^43 . . . <J u . 






2 2«3wW 



O 3 
- 4J 



<S^At5£^<j<&p«^5m 



CIVIL GOVERNMENT. 87 



COMMITTEES OF THE SENATE. 



STANDING COMMITTEES. 

Committee on Agriculture and Forestry, on Appropria- 
tions, to Audit and Control the Contingent Expenses of the 
Senate, on Civil Service and Retrenchment, on Claims, on 
Commerce, on the District of Columbia, on Education and 
Labor, on Engrossed Bills, on Enrolled Bills, on Epidemic 
Diseases, to Examine the Several Branches of the Civil Serv- 
ice, on Expenditures of Public Money, on Finance, on Fisher- 
ies, on Foreign Relations, on the Improvement of the Missis- 
sippi River and its Tributaries, on Indian Affairs, on the Ju- 
diciary, on the Library,* on Manufactures, on Military Affairs, 
on Mines and Mining, on Naval Affairs, on Patents, on Pen- 
sions, on Post Offices and Post Roads, on Printing,* on Pri- 
vate Land Claims, on Privileges and Elections, on Public Build- 
ings and Grounds,* on Public Lands, on Railroads, on the Re- 
vision of the Laws of the United States, on Revolutionary 
Claims, on Rules, on Territories, on Transportation Routes to 
the Seaboard. 

*These committees have power to act concurrently with the same committees 
of the House of Representatives. 

Note. — Questions unusual, or of special importance are generally considered by 
special or select committees appointed incidentally for the purpose. 



88 CIVIL GOVERNMENT. 



COMMITTEES OF THE HOUSE. 



STANDING COMMITTEES. 

Committees on Elections, on Ways and Means, on Appro- 
priations, on the Judiciary, on Banking and Currency, on Coin- 
age, on Weights and Measures, on Commerce, on Rivers and 
Harbors, on Agriculture, on Foreign Affairs, on Military Af- 
fairs, on Naval Affairs, on Post Offices and Post Roads, on 
the Public Lands, on Indian Affairs, on the Territories, on 
Railways and Canals, on Manufactures, on Mines and Mining, 
on Public Buildings and Grounds, on Pacific Railroads on, 
Levees and Improvements of the Mississippi River, on Educa- 
tion, on Labor, on the Militia, on Patents, on Invalid Pensions, 
on Pensions, on Claims, on War Claims, on Private Land 
Claims, for the District of Columbia, on the Revision of the 
Laws, on Expenditures in the Department of State, on Ex- 
penditures in the Treasury Department, on Expenditures in the 
War Department, on Expenditures in the Navy Department, 
on Expenditures in the Post Office Department, on Expendi- 
tures in the Interior Department, on Expenditures in the De- 
partment of Justice, on Expenditures on Public Buildings, on 
the Rules, on Accounts, on Mileage, Joint Committee on the 
Library, Joint Committee on Printing, on Enrolled Bills. 



— TZEZIE — 

jQeclapation of Independence. 

DECLARED JULY 4, 1776. 



When, in the course of human events, it becomes necessary 
for one people to dissolve the political bands which have con- 
nected them with another, and to assume among the Powers 
of the earth, the separate and equal station to which the Laws 
of Nature and of Nature's God entitle them, a decent respect 
to the opinions of mankind requires that they should declare 
the causes which impel them to the separation. 

We hold these truths to be self-evident: that all men are 
created equal ; that they are endowed by their Creator with 
certain unalienable Rights; that among these are Life, Liberty 
and the pursuit of Happiness. That to secure these rights 
Governments are instituted among Men, deriving their just 
powers from the consent of the governed. That whenever 
any Form of Government becomes destructive of these ends, 
it is the Right of the People to alter or to abolish it, and to insti- 
tute anew Government, laying its foundation on such principles 
and organizing its powers in such form, as to them shall seem 
most likely to effect their Safety and Happiness. Prudence, 
indeed, will dictate that Governments long established should 
not be changed for light and transient causes ; and accordingly 



90 CIVIL GOVERNMENT. 

all experience hath shown that mankind are more disposed 
to suffer, while evils are sufferable, than to right themselves 
by abolishing the forms to which they are accustomed. But 
when a long train of abuses and usurpations, pursuing invari- 
ably the same Object, evinces a Design to reduce them under 
absolute Despotism, it is their right, it is their duty, to throw 
off such Government, and to provide new Guards for their 
future security. Such has been the patient sufferance of these 
Colonies ; and such is now the necessity which constrains 
them to alter their former Systems of Government. The his- 
tory of the present King of Great Britain is a history of re- 
peated injuries and usurpations, all having in direct object the 
establishment of an absolute Tyranny over these States. To 
prove this, let Facts be submitted to a candid world. 

He has refused his Assent to Laws the most wholesome 
and necessary for the public good. 

He has forbidden his Governors to pass Laws of immediate 
and pressing importance, unless suspended in their operation 
till his Assent should be obtained ; and when so suspended, 
he has utterly neglected to attend to them. 

He has refused to pass other Laws for the accommodation 
of large districts of people, unless those people would relin- 
quish the right of Representation in the Legislature, a right 
inestimable to them and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the repository of their Public 
Records, for the sole purpose of fatiguing them into compli- 
ance with his measures. 

He has dissolved Representative Houses repeatedly, for 
opposing with manly firmness his invasions upon the rights of 
the people. 

He has refused for a longtime, after such dissolutions to 
cause others to be elected, whereby the Legislative Powers, 
incapable of Annihilation, have returned to the people at large 
for their exercise ; the State remaining in the meantime ex- 



CIVIL GOVERNMENT. 91 

"posed to all the dangers of invasion from without, and con- 
vulsions within. 

He has endeavored to prevent the population of these 
States; for that purpose obstructing the Laws for the Naturaliza- 
tion of Foreigners ; refusing to pass others to encourage their 
migration hither, and raising the conditions of new Appropria- 
tions of Lands. 

He has obstructed the Administration of Justice, by refus- 
ing his Assent to Laws for establishing Judiciary Powers. 

He has made Judges dependent upon his Will alone, for 
the tenure of their offices, and the amount and payment of 
their salaries. 

He has erected a multitude of New Offices, and sent hither 
swarms of Officers to harass our People and eat out their 
substance. 

He has kept among us. in times of peace, Standing Armies 
without the Consent of our legislatures. 

He has affected to render the Military independent of and 
superior to the Civil Power. 

He has combined with others to subject us to a jurisdiction 
foreign to our constitution, and unacknowledged by our Laws; 
giving his Assent to their Acts of pretended Legislation ; 

For quartering large bodies of armed troops among us ; 

For protecting them, by a mock Trial, from Punishment 
for any Murders which they should commit on the Inhabitants 
of these States ; 

For cutting off our Trade with all parts of the world ; 

For imposing taxes upon us without our consent ; 

For depriving us in many cases, of the benefits of Trial by 
Jury ; 

For transporting us beyond Seas to be tried for pretended 
offenses ; 

For abolishing the free System of English Laws in a neigh- 
boring Province, establishing therein an Arbitrary govern- 
ment, and enlarging its Boundaries so as to render it at once 



92 CIVIL GOVERNMENT. 

an example and fit instrument for introducing the same abso- 
lute rule into these Colonies ; 

For taking away our Charters, abolishing our most valuable 
Laws, and altering fundamentally the Forms of our Govern- 
ment; 

For suspending our own Legislatures, and declaring them- 
selves invested with Power to legislate for us in all cases 
whatsoever ; 

He has abdicated Government here by declaring us out of 
his Protection and waging war against us : 

He has plundered our seas, ravaged our Coasts, burnt our 
towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign mer- 
cenaries to complete the works of death, desolation and tyran- 
ny, already begun with circumstances of Cruelty, and perfidy 
scarcely paralleled in the most barbarous ages, and totally 
unworthy the Head of a civilized nation. 

He has constrained our fellow Citizens taken captive on 
the high Seas to bear arms against their Country, to become 
the executioners of their friends and Brethren, or to fall them- 
selves by their Hands. 

He has excited domestic insurrections amongst us, and has 
endeavored to bring on the inhabitants of our frontiers, the 
merciless Indian Savages, whose known rule of warfare is an 
undistinguished destruction of all ages, sexes and conditions. 

In every stage of these Oppressions We have Petitioned 
for Redress in the most humble terms. Our repeated Petitions 
have been answered only by repeated injury. A Prince whose 
character is thus marked by every act which may define a 
Tyrant, is unfit to be the ruler of a free People. 

Nor have we been wanting in attention to our British breth- 
ren. We have warned them from time to time of attempts 
by their legislature to extend an unwarrantable jurisdiction 
over us. We have reminded them of the circumstances of our 
emigration and settlement here. We have appealed to their 



CIVIL GOVERNMENT. 93 

native justice and magnanimity, and we have conjured them 
by the ties of common kindred to disavow these usurpations, 
which would inevitably interrupt our connections and cor- 
respondence. They too have been deaf to the voice of justice 
and of consanguinity. We must, therefore, acquiesce in the ne- 
cessity which denounces our Separation, and hold them, as 
we hold the rest of mankind, Enemies in War, in Peace 
Friends. 

We, therefore, the Representatives of the United States of 
America, in General Gongress Assembled, appealing to the 
Supreme Judge of the world for the rectitude of our inten- 
tions, do, in the Name, and by the Authority of the good peo- 
ple of these Colonies, solemnly publish and declare, That 
these United Colonies are, and of Right ought to be Free, and 
independent States ; that they are Absolved from all Alle- 
giance to the British Crown, and that all political connection 
between them and the State of Great Britain, is and ought to 
be totally dissolved ; and that as free and Independent States, 
they have full Power to levy war, conclude Peace, contract 
Alliances, establish Commerce, and to do all other Acts and 
Things which Independent States may of right do. And for 
the support of this Declaration, with a firm reliance on the 
Protection of Divine Providence, we mutually pledge to each- 
other our Lives our Fortunes and our sacred Honor. 

John Hancock. 

New Hampshire. — Josiah Bartlett, William Whipple, 
Matthew Thornton. 

Massachusetts Bay, — Samuel Adams, John Adams, 
Robert Treat Paine, Elbridge Gerry. 

Rhode Island, Etc. — Stephen Hopkins, William Ellery. 

Connecticut. — Roger Sherman, Samuel Huntington, 
William Williams, Oliver Wolcott. 

New York. — William Floyd, Phillip Livingston, Francis 
Lewis, Lewis Morris. 



94 CIVIL GOVERNMENT. 

New Jersey. — Richard Stockton, John Witherspoon, 
Francis Hopkinson, John Hart, Abraham Clark. 

Pennsylvania. — Robert Morris, Benjamin Rush, Benjamin 
Franklin, John Morton, George Clymer, James Smith, George 
Taylor, James Wilson, George Ross. 

Delaware. — Caesar Rodney, George Read, Thomas 
M'Kean. 

Maryland. — Samuel Chase, William Paca, Thomas Stone, 
Charles Carroll, of Carrollton. 

Virginia. — George Wythe, Richard Henry Lee, Thomas 
Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis 
Lightfoot Lee, Carter Braxton. 

North Carolina.— William Hooper, Joseph Hewes, John 
Penn. 

South Carolina. — Edward Rutledge, Thomas Heyward, 
Jr., Thomas Lynch, Jr., Arthur Middleton. 

Georgia. — Button Gwinnett, Lyman Hall, George Walton. 




Articles of Confederation, 

Articles of Confederation and Perpetual Union between 
the States of New Hampshire, Massachusetts Bay, 
Rhode Island and Providence Plantations, Connecti- 
cut, New York, Netv Jersey, Pennsylvania, Dela- 
ware, Maryland, Virginia, North Carolina, South 
Carolina and Georgia. 

Article I. The style of this confederacy shall be, " The 
United States of America." 

Art. II. Each State retains its sovereignty, freedom and 
independence, and every power, jurisdiction, and right which 
is not by this confederation expressly delegated to the United 
States in Congress assembled. 

Art. III. The said States hereby severally enter into a firm 
league of friendship with each other, for their common defense,, 
the security of their liberties, and their mutual and general 
welfare, binding themselves to assist each other against all 
force offered to, or attacks made upon them, or any of them, 
on account of religion, sovereignty, trade, or any other pre- 
tense whatever. 

Art. IV. The better to secure and perpetuate mutual 
friendship and intercourse among the people of the different 
States in this Union, the free inhabitants of each of these 
States, paupers, vagabonds, and fugitves from Justice ex- 
cepted, shall be entitled to all privileges and immunities of 



96 CIVIL GOVERNMENT. 

free citizens in the several States ; and the people of each 
State shall have free ingress and regress to and from any other 
State, and shall enjoy therein all the privileges of trade and 
commerce, subject to the same duties, impositions and restric- 
tions, as the inhabitants thereof respectively ; provided that 
such restrictions shall not extend so far as to prevent the 
removal of any property imported into any State to any other 
State of which the owner is an inhabitant ; provided, also, that 
no imposition, duties or restrictions, shall be laid on the prop- 
erty of the United States or either of them. 

If any person guilty of, or charged with treason, felony, or 
other high misdemeanor in any State, shall flee from justice, 
and be found in any of the United States, he shall, upon de- 
mand of the governor or executive power of the State from 
which he fled, be delivered up and removed to the State hav- 
ing jurisdiction of his offense. 

Full faith and credit shall be given in each of these States 
to the records, acts and judicial proceedings of the courts and 
magistrates of every other State, 

Art. V. For the more convenient management of the 
general interest of the United States, delegates shall be an- 
nually appointed in such manner as the legislature of each 
State shall direct, to meet in Congress on the first Monday in 
November, in every year, with a power reserved to each State 
to recall its delegates, or any of them, within the year and 
send others in their stead for the remainder of the year. 

No State shall be represented in Congress by less than 
two nor by more than seven members ; and no person shall 
be capable of being a delegate for more than three years, in 
any term of six years ; nor shall any person, being a delegate, 
be capable of holding any office under the United States for 
which he, or another for his benefit, receives any salary, fees, 
or emolument of any kind. 

Each State shall maintain its own delegates in any meeting 



CIVIL GOVERNMENT. 97 

of the States and while they act as members of the committee 
of the States. 

In determining questions in the United States in Congress 
assembled, each State shall have but one vote. 

Freedom of speech and debate in Congress shall not be 
impeached or questioned in any court or place out of Con- 
gress ; and the members of Congress shall be protected in 
their persons from arrest and imprisonment during the time 
of their going to and from, and attendance on Congress, ex- 
cept for treason, felony or breach of the peace. 

Art. VI. No State, without the consent of the United 
States, in Congress assembled, shall send any embassy to, or 
receive any embassy from, or enter into any conference, agree- 
ment, alliance, or treaty, with any king, prince or state ; nor 
shall any person holding any office of profit or trust under 
the United States, or any of them, accept of any present, 
emolument, office or title of any kind whatever, from any 
king, prince, or foreign state; nor shall the United States, in 
Congress assembled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, or con- 
federation, or alliance whatever between them, without the 
consent of the United States, in Congress assembled, specify- 
ing accurately the purpose for which the same is to be entered 
into, and how long it shall continue. 

No State shall lay any imposts or duties which may inter- 
fere with any stipulations in treaties entered into by the United 
States, in Congress assembled, with any king, prince, or state, 
in pursuance with any treaties already proposed by Congress 
to the courts of France or Spain. 

No vessels of war shall be kept up in times of peace, by 
any State except such number only as shall be deemed neces- 
sary, by the United States, in Congress assembled, for the de- 
fense of such State or its trade ; nor shall any body of forces 
be kept up, by any State, in time of peace, except such num- 
ber only as, in the judgment of the United States, in Congress 



98 CIVIL GOVERNMENT. 

assembled, shall be deemed requisit to garrison the forts nec- 
essary for the defense of such State ; but every State shall 
always keep up a well regulated and diciplined militia, suffici- 
ently armed and accoutered, and shall provide and constantly 
have ready for use, in public stores, a due number of field- 
pieces and tents, and a proper quantity of arms, ammunition, 
and camp equipage. 

No State shall engage in any war without the consent of 
the United States, in Congress assembled, unless such State 
be actually invaded by enemies, or shall have received certain 
advice of a resolution being formed by some nation of Indians 
to invade such State, and the danger is so iminent as not to 
admit of a delay till the United States, in Congress assem- 
bled, can be consulted ; nor shall any State grant commis- 
sions to any ship or vessel of war, nor letters of marque or re- 
prisal, except it be after a declaration of war by the United 
States, in Congress assembled, and then only against the king- 
dom or state, and the subjects thereof against which war has 
been declared, and under such regulations as shall be estab- 
lished by the United States, in Congress assembled, unless 
such state be infested by pirates, in which case vessels of war 
may be fitted out for that occasion, and kept so long as the 
danger shall continue, or until the United States, in Congress 
assembled, shall determine otherwise. 

Art. VII. When land forces are raised by any State for 
the common defense, all officers of or under the rank of colo- 
nel, shall be appointed by the legislature of each State re- 
spectively, by whom such forces shall be raised, or in such 
manner as such State shall direct, and all vacancies shall be 
filled up by the State which first made the appointment. 

Art. VIII. All charges of war, and all other expenses 
that shall be incurred for the common defense or general wel- 
fare, and allowed by the United States, in Congress assem- 
bled, shall be defrayed out of a common treasury, which shall 
be supplied by the several States, in proportion to the value 



CIVIL GOVERNMENT. 99 

of all land within each State, granted to, or surveyed for, any 
person, as such land and the buildings and improvements 
thereon shall be estimated according to such mode as the 
United States, in Congress assembled, shall from time to time 
direct and appoint. The taxes for paying that proportion 
shall be laid and levied by the authority and direction of the 
legislatures of the several States, within the time agreed upon 
by the United States in Congress, assembled. 

Art. IX. The United States, in Congress assembled shall 
have the sole and exclusive right and power of determining 
on peace and war, except in the cases mentioned in the Sixth 
Article; of sending and receiving ambassadors; entering into 
treaties and alliances, provided that no treaty of commerce 
shall be made whereby the legislative power of their respec- 
tive States shall be restrained from imposing such imposts 
and duties on foreigners as their own people are subjected to, 
or from prohibiting the exportation or importation of any 
species of goods or commodities whatsoever; of establishing 
rules for deciding, in all cases, what captures on land or water 
shall be legal, and in what manner prizes taken by land or 
naval forces in the service of the United States, shall be di- 
vided or appropriated ; of granting letters of marque and re- 
prisal in time of peace ; appointing courts for the trial of pira- 
cies and felonies committed on the high seas ; and establish- 
ing courts for receiving and determining finaly appeals in all 
cases of captures ; provided that no member of Congress shall 
be appointed a judge of any of the said courts. 

The United States, in Congress assembled, shall also be 
the last resort on appeal, in all disputes and differences now 
subsisting, or that may hereafter arise between two or more 
States, concerning boundary, jurisdiction, or any other cause 
whatever ; which authority shall always be exercised in the 
manner following : Whenever the legislative or executive au- 
thority, or lawful agent of any State in controversy with an- 
other, shall present a petition to Congress, stating the matter 



100 CIVIL GOVERNMENT. 

in question, and praying for a hearing, notice thereof shall be 
given by order of Congress, to the legislative authority of the 
other State in controversy, and a day assigned for the appear- 
ance of the other parties by their lawful agents, who shall then 
be directed to appoint, by joint consent, commissioners or 
judges to constitute a court for hearing and determining the 
the matter in question ; but if they can not agree, Congress 
shall name three persons out of each of the United States, and 
from the list of such persons each party shall alternately strike 
out one, the petitioners beginning, until the number shall be re- 
duced to thirteen ; and from that number not less than seven 
nor more than nine names, as Congress shall direct, shall, in 
the presence of Congress be drawn, out by lot ; and the per- 
sons whose names shall be drawn, or any five of them, shall 
be commissioners or judges, to hear and finally determine the 
controversy, so always as a major part of the judges, who 
shall hear the cause, shall agree in the determination ; and if 
either party shall neglect to attend at the day appointed, with- 
out showing reasons which Congress shall judge sufficient, or 
being present, shall refuse to strike, then Congress shall pro- 
ceed to nominate three persons out of each State, and the 
secretary of Congress shall strike in behalf of such party absent 
or refusing ; and the judgment and sentence of the court, to 
be appointed in the manner before prescribed, shall be final 
and conclusive ; and if any of the parties shall refuse to sub- 
mit to the authority of such court, or to appear or defend their 
claim or cause, the court shall nevertheless proceed to pro- 
nounce sentence or judgment, which shall in like manner be 
final and decisive; the judgment or sentence and other pro- 
ceedings being in either case transmitted to Congress, and 
lodged among the acts of Congress for the security of the 
parties concerned; provided, that every commissioner, before 
he sits in judgment, shall take an oath, to be administered by 
one of the judges of the supreme or superior court of the 
State where the cause shall be tried, " well and truly to hear 



CIVIL GOVERNMENT. 101 

and determine the matter in question, according to the best of 
his judgment, without favor, affection, or hope of reward." 
Provided, also, that no State shall be deprived of territory for 
the benefit of the United States. 

All controversies concerning the private right of soil 
claimed under different grants of two or more States, whose 
jurisdictions, as they may respect such lands, and the States 
which passed such grants are adjusted, the said grants or either 
of them being at the same time claimed to have originated 
antecedent to such settlement of jurisdiction, shall, on the pe- 
tition of either party to the Congress of the United States, be 
finally determined, as near as may be, in the same manner as 
is before prescribed for deciding disputes respecting territorial 
jurisdiction between different States. 

The United States, in Congress assembled, shall also have 
the sole and exclusive right and power of regulating the alloy 
and value of coin struck by their own authority, or by that of 
the respective States ; fixing the standard of weights and 
measures throughout the United States ; regulating the trade 
and managing all affairs with the Indians not members of any 
of the States ; provided that the legislative right of any State, 
within its own limits, be not infringed or violated ; establish- 
ing and regulating post-offices from one State to another 
throughout all the United States, and exacting such postage 
on the papers passing through the same, as may be requisite 
to defray the expenses of the said office; appointing all officers 
of the land forces in the service of the United States, except- 
ing regimental officers ; appointing all the officers of the naval 
force, and commissioning all officers whatever in the service 
of the United States; making rules for the government and 
regulation of the said land and naval forces, and directing 
their operations. 

The United States, in Congress assembled, shall have au- 
thority to appoint a committee, to sit in the recess of Con- 
gress, to be denominated "A Committee of the States," and 



102 CIVIL GOVERNMENT. 

to consist of one delegate from each State ; and to appoint 
such other committees and civil officers as may be necessary 
for managing the general affairs of the United States under 
their direction ; to appoint one of their number to preside pro- 
vided that no person be allowed to serve in the office of pres- 
ident more than one year in any term of three years ; to as- 
certain the necessary sums of money to be raised for the serv- 
ice of the United States, and to appropriate and apply the 
same for defraying the public expenses ; to borrow money or 
emit bills on the credit of the United States, transmitting ev- 
ery half year to the respective States an account of the sums 
of money so borrowed or emitted ; to build and equip a navy ; 
to agree upon the number of land forces, and to make requi- 
sitions from each State for its quota, in proportion to the num- 
ber of white inhabitants in such State, which requisition shall 
be binding; and thereupon the Legislature of each State shall 
appoint the regimental officers, raise the men, and clothe, 
arm, and equip them in a soldier-like manner at the expense 
of the United States; and the officers and men so clothed, 
armed and equipped shall march to the place appointed, and 
within the time agreed on by the United States, in Congress 
assembled ; but if the United States, in Congress assembled, 
shall, on consideration of circumstances, judge proper that 
any State should not raise men, or should raise a smaller num- 
ber than its quota, and that any other State should raise a 
greater number of men than the quota thereof, such extra 
number shall be raised, officered, clothed, armed, and equip- 
ped in the same manner as the quota of such State, unless the 
Legislature of such State shall judge that such extra number 
can not be safely spared out of the same, in which case they 
shall raise, officer, clothe, arm, and equip as many of such ex- 
tra number as they judge can be safely spared, and the officers 
and men so clothed, armed, and equipped shall march to the 
place appointed, and within the time agreed on by the United 
States, in Congress assembled. 



CIVIL GOVERNMENT. 103 

The United States, in Congress assembled, shall not engage 
in a war, nor grant letters of marque and reprisal in time of 
peace, nor enter into any treaties or alliances, nor coin money, 
nor regulate the value thereof, nor ascertain the sums and ex- 
penses necessary for the defense and welfare of the United 
States, or any of them, nor emit bills, nor borrow money on 
the credit of the United States, nor appropriate money, nor 
agree upon the number of vessels of war to be built or pur- 
chased, or the number of land or sea forces to be raised, nor 
appoint a commander-in-chief of the army or navy, unless 
nine States assent to the same, nor shall a question on any 
other point, except for adjourning from day to day, be deter- 
mined, unless by the votes of a majority of the United States 
in Congress assembled. 

The Congress of the United States shall have power to ad- 
journ to any time within the year, and to any place within the 
United States, so that no period of adjournment be for a 
longer duration than the space of six months, and shall publish 
the journal of their proceedings monthly, except such parts 
thereof relating to treaties, alliances, or military operations as 
in their judgment require secrecy ; and the yeas and nays of 
the delegates of each State, on any question, shall be entered 
on the journal, when it is desired by any delegate ; and the 
delegates of a State or any of them, at his or their request, 
shall be furnished with a transcript of the said journal, except 
such parts as are above excepted, to lay before the legislatures 
of the several States. 

Art. X. The committees of the States, or any nine of 
them, shall be authorized to execute, in the recess of Con- 
gress, such of the powers of Congress as the United States, in 
Congress assembled, by the consent of nine States, shall, from 
time to time, think expedient to vest them with ; provided that 
no power be delegated to the said committees, for the exercise 
ot which, by the articles of confederation, the voice of nine 



104 CIVIL GOVERNMENT. 

States in the Congress of the United States assembled is 
requisite. 

Art. XI. Canada acceding to this confederation, and 
joining in the measures of the United States, shall be admitted 
into, and entitled to all the advantages of this Union ; but no 
other colony shall be admitted into the same unless such ad- 
mission be agreed to by nine States. 

Art. XII. All bills of credit emitted, moneys borrowed, 
and debts contracted by and under the authority of Congress, 
before the assembling of the United States, in pursuance of 
the present confederation, shall be deemed and considered as 
a charge against the United States, for payment and satisfac- 
tion whereof the said United States and the public faith are 
hereby solemnly pledged. 

Art. XIII. Every State shall abide by the determinations 
of the United States, in Congress assembled, on all questions 
which by this Confederation are submitted to them. And the 
Articles of this Confederation shall be inviolably observed by 
every State, and the Union shall be perpetual ; nor shall any 
alteration at any time hereafter be myde in any of them unless 
such alteration be agreed to in a Congress of the United States, 
and be afterwards confirmed by the legislatures of every State. 
And whereas it hath pleased the great Governor of the 
world to incline the hearts of the legislatures we respectively 
represent in Congress, to approve of, and to authorize us to 
ratify the said Articles of Confederation and perpetual Union, 
Know ye, that we, the undersigned delegates, by virtue of the 
power and authority to us given for that purpose, do, by these 
presents, in the name and in behalf of our respective constit- 
uents, fully and entirely ratify each and every one of the said 
Articles of Confederation and perpetual Union, and all and 
singular the matters and things therein contained. And we 
do further solemnly plight and engage the faith of our respect- 
ive constituents, that they shall abide by the determinations 
of the United States, in Congress assembled, on all questions 



CIVIL GOVERNMENT. 105 

which by the said Confederation are submitted to them ; and 

that the Articles thereof shall be inviolably observed by the 
States we respectively represent, and that the Union shall be 
perpetual. In witness whereof, we have hereunto set our 
hands in Congress. Done at Philadelphia, in the State of 
Pennsylvania, the ninth day of July, in the year of our Lord 
r 778, and in the third year of the Independence of America. 




— a?:Ea::B— 
(Constitution of the Qnited 

States of flmerica, 

THE PREAMBLE. 



" We, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for the 
United States of America. " 

ARTICLE I. 

THE LEGISLATIVE DEPARTMENT. 

Section I. — The Congress in General. 

"All legislative power herein granted, shall be vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Representatives." 

Section II. — Souse of Representatives. 

i. " The House of Representatives shall be composed of 
members chosen every second year by the people of the sev- 
eral States, and the electors in each State shall have the qual- 
ifications requisite for electors of the most numerous branch 
of the State legislature." 

2. "No person shall be a Representative, who shall not 



CIVIL GOVERNMENT. 107 

have attained the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State in which he shall be 
chosen." 

3. " Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and ex- 
cluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such manner as 
they shall by law direct. The number of Representatives 
shall not exceed one for every thirty thousand, but each State 
shall have at least one Representative ; and until such enumer- 
ation shall be made, the State of New Hampshire shall be en- 
titled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, New York six, 
New Jersey four, Pennsylvania eight, Delaware one, Maryland 
six, Virginia ten, North Carolina five, South Carolina five and 
Georgia three." 

4. " When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of elec- 
tion to fill such vacancies." 

5. "The House of Representatives shall choose their 
Speaker and other officers ; and shall have the sole power of 
impeachment." 

Section III. — The Senate. 

1. "The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature 
thereof, for six years; and each Senator shall have one vote." 
2. "Immediately after they shall be assembled, in conse- 
quence of the first election, they shall be divided as equally 



108 CIVIL GOVERNMENT. 

as may be, into three classes. The seats of the Senators of 
the first class shall be vacated at the expiration of the second 
year ; of the second class, at the expiration of the fourth year; 
and of the third class, at the expiration of the sixth year ; so 
that one-third may be chosen every second year ; and if va- 
cancies happen by resignation, or otherwise, during the recess 
of the legislature of any State, the executive thereof may 
make temporary appointments until the next meeting of the 
legislature, which shall then fill such vacancies. " 

3, " No person shall be a Senator who shall not have at- 
tained the age of thirty years, and been nine years a citizen of 
the United States, and who shall not, when elected, be an in- 
habitant of that State for which he shall be chosen. " 

4, "The Vice-President of the United States shall be Presi- 
dent of the Senate, but shall have no vote, unless they be 
equally divided." 

5 " The Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-President, 
or when he shall exercise the office of President of the United 
States." 

6. " The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief-Justice shall preside ; and no person shall be 
convicted without the concurrence of two-thirds of the mem- 
bers present." 

7. "Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit, under the 
United States; but the party convicted shall, nevertheless, be 
liable and subject to indictment, trial, judgment, and punish- 
ment, according to law." 

Section IV. — Both Houses. 
1. " The times, places, and manner of holding elections for 



CIVIL GOVERNMENT, 109 

Senators and Representatives, shall be prescribed in each 
State by the Legislature thereof; but the Congress may at any 
time, by law, make or alter such regulations, except as to the 
places of choosing Senators." 

2. "The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in De- 
cember, unless they shall by law appoint a different day." 

Section V. — The Houses Separately. 

i. " Each House shall be the judge of the election, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business ; but a smaller num- 
ber may adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such manner, 
and under such penalties, as each House may provide " 

2. "Each House may determine the rules of its proceed- 
ings, punish its members for disorderly behavior, and, with 
the concurrence of two-thirds, expel a member." 

3. " Each House shall keep a journal of its proceedings, 
and, from time to time, publish the same, excepting such parts 
as may, in their judgment, require secrecy: and the yeas and 
nays of the members of either House, on any question, shall> 
at the desire of one-fifth of those present, be entered on the 
journal." 

4. " Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two Houses 
may be sitting." 

Section VI. — Privileges and Disabilities of Members. 

1. " The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and paid 
out of the Treasury of the United States. They shall, in all 
cases, except treason, felony, and breach of the peace, be 
privileged from arrest during their attendance at the session 



110 CIVIL GOVERNMENT. 

of their respective Houses, and in going to, and returning 
from, the same ; and for any speech or debate in either House, 
they shall not be questioned in any other place," 

2. "No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office un- 
der the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been increased 
during such time; and no person, holding any office under the 
United States, shall be a member of either House during his 
continuance in office." 

Section VII — Mode of Passing Laws. 

i. " All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur 
with amendments, as on other bills." 

2. " Every bill which shall have passed the House of Rep- 
resentatives and the Senate, shall, before it becomes a law, be 
presented to the President of the United States ; if he ap- 
prove, he shall sign it, but if not, he shall return it, with his 
objections, to that House in which it shall have originated, 
who shall enter the objections at large on their journal, and 
proceed to reconsider it. If, after such reconsideration, two- 
thirds of that House shall agree to pass the bill, it shall be 
sent, together with the objections, to the other House, by 
which it shall likewise be reconsidered, and, if approved by 
two-thirds of that House, it shall become a law. But in all 
such cases the votes of both Houses shall be determined by 
yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the journal of each House, 
respectively. If any bill shall not be returned by the Presi- 
dent within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like man- 
ner as if he had signed it, unless the Congress, by their ad- 
journment, prevent its return, in which case it shall not be a 
law." 



CIVIL GOVERNMENT. Ill 

3. '* Every order, resolution, or vote, to which the concur- 
rence of the Senate and House of Representatives may be 
necessary (except on a case of adjournment), shall be pre- 
sented to the President of the United States ; and before the 
same shall take effect, shall be approved by him, or, being 
disapproved by him, shall be repassed by two-thirds of the 
Senate and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. " 

Section VIII. — Powers Granted to Congress. 

1. " The Congress shall have power to lay and collect 
taxes, duties, imposts,, and excises, to pay the debts and pro- 
vide for the common defense and general welfare of the 
United States; but all duties, imposts, and excises shall be uni- 
form throughout the United States." 

2. " To borrow money on the credit of the United States." 

3. " To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes." 

4. "To establish a uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies, throughout the 
United States." 

5. " To coin money, regulate the value thereof, and of for- 
eign coin, and fix the standard of weights and measures." 

6 . "To provide for the punishment of counterfeiting the 
securities and current coin of the United States." 

7. " To establish post-offices and post-roads." 

8. "To promote the progress of science and useful arts, by 
securing, for limited times, to authors and inventors, the ex- 
clusive right to their respective writings and discoveries." 

9. " To constitute tribunals inferior to the Supreme Court." 

10. " To define and punish piracies and felonies committed 
on the high seas, and offenses against the law of nations." 

11. " To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water." 

12. "To raise and support armies; but no appropriation 



112 CIVIL GOVERNMENT. 

of money to that use shall be for a longer term than two 
years.'* 

13. " To provide and maintain a navy." 

14. " To make rules for the government and regulation of 
the land and naval forces." 

15. " To provide for calling forth the militia to execute th« 
laws of the Union, suppress insurrections, and repel inva- 
sions." 

16. "To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may be 
employed in the service of the United States ; reserving to the 
States respectively, the appointment of the officers, and the 
authority of training the militia, according to the discipline 
prescribed by Congress." 

17. "To exercise exclusive legislation in all cases whatso- 
ever, over such district (not exceeding ten miles square), as 
may, by cession of particular States, and the acceptance of 
Congress, become the seat of the Government of the United 
States, and to exercise like authority over all places purchased 
by the consent of the legislature of the State in which the 
same shall be, for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings." 

18. " To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government ot the 
United States, or in any department or officer thereof." 

Section IX. — Powers denied to the United States. 

1. " The migration or importation of such persons as any 
of the States, now existing, shall think proper to admit, shall 
not be prohibited by the Congress, prior to the year one thou- 
sand eight hundred and eight; but a tax or duty may be im- 
posed on such importation, not exceeding ten dollars for each 
person." 

2. " The privilege of the writ of habeas corpzis shall not be 



CIVIL GOVERNMENT. 113 

suspended unless when, in cases of rebellion or invasion, the 
public safety may require it." 

3. " No bill of attainder, or ex post facto law, shall be 
passed." 

4. "No capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration, herein before di- 
rected to be taken." 

5. " No tax or duty shall be laid on articles exported from 
any State." 

6 c< No preference shall be given by any regulation of com- 
merce or revenue, to the ports of one State over those of an- 
other ; nor shall vessels bound to, or from, one State, be 
obliged to enter, clear, or pay duties, in another." 

7. " No money shall be drawn from the treasury, but in 
consequence of appropriations made by law ; and a regular 
statement and account of the receipts and expenditures of all 
public money shall be published, from time to time." 

8. " No title of nobility shall be granted by the United 
States ; and no person, holding any office of profit or trust 
under them, shall, without the consent of the Congress, accept 
of any present, emolument, office, or title, of any kind what- 
ever, from any king, prince, or foreign state." 

Section X. — Powers Denied to the Congress. 

1. "No State shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque and reprisal ; coin money ; 
emit bills of credit ; make anything but gold and silver coin a 
tender in payment of debts, pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or 
grant any title of nobility." 

2. " No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection laws ; 
and the net produce of all duties and imposts, laid by any 
State on imports or exports, shall be for the use of the treas- 



114 CIVIL GOVERNMENT. 

nry of the United States ; and all such laws shall be subject to 
the revision and control of the Congress." 

3. " No State shall, without the consent of Congress, lay 
any duty of tonnage, keep troops, or ships of war, in time of 
peace, enter into any agreement or compact with another 
State, or with a foreign power, or engage in war, unless actu- 
ally invaded, or in such imminent danger as will not admit of 
delay." 

ARTICLE II 

THE EXECUTIVE DEPARTMENT. 

Section I. — President and Vice-President. 

1. " The Executive power shall be vested in a President of 
the United States of America. He shall hold his office during 
the term of four years, and together with the Vice-President, 
chosen for the same term, be elected as follows :" 

2. " Each State shall appoint, in such a manner as the Leg- 
islature thereof may direct, a number of Electors, equal to the 
whole number of Senators and Representatives to which the 
State may be entitled in the Congress; but no Senator or Rep- 
resentative, or person holding an office of trust or profit under 
the United States, shall be appointed an Elector." 

3. " The Electors shall meet in their respective States and 
vote by ballot for two persons, of whom one, at least, shall not 
!>e an inhabitant of the same State with themselves. And 
they shall make a list of all the persons voted for, and of the 
number of votes tor each; which list they shall sign and certify, 
and transmit, sealed to the seat of the Government of the Unit- 
ed States, directed to the President of the Senate. The Presi- 
dent of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the 
votes therein shall then be counted. The person having the 
greatest number of votes shall be President, if such number be 
a majority of the whole number of Electors appointed ; and if 
there be more than one who have such a majority, and have 



CIVIL GOVERNMENT. US 

♦ 
an equal number of votes, then the House of Representatives 
shall immediately choose, by ballot, one of them for President; 
and if no person have a majority, then, from the five highest on 
the list, the said House shall, in like manner, choose the Pres- 
ident. But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote; 
a quorum for this purpose shall consist of a member or mem- 
bers from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest num- 
ber of votes of the Electors shall be Vice-President. But if 
there should remain two or more who have equal votes, the 
Senate shall choose from them, by ballot, the Vice-Presi- 
dent." 

4. " The Congress may determine the time of choosing the 
Electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States." 

5. " No person, except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this Constitu- 
tion, shall be eligible to the office of President ; neither shall 
any person be eligible to that office who shall not have at- 
tained to the age of thirty-five years, and been fourteen years 
a resident within the United States." 

6. " In case of the removal of the President from office, or 
of his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
Vice-President, and the Congress may by law provide for the 
case of removal, death, resignation, or inability both of the 
President and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly, until 
the disability be removed, or a President shall be elected." 

7. The President shall, at stated times, receive for his serv- 
ices, a compensation which shall neither be increased nor di- 
minished during that period for which he shall have been 



116 CIVIL GOVERNMENT. 

elected, and he shall not receive within that period any other 
emolument from the United States, or any of them." 

8. " Before he enter on the execution of his office, he shall 
take the following oath or affirmation : ' I do solemnly swear 
(or affirm), that I will faithfully execute the office of President 
of the United States, and will, to the best of my ability, pre- 
serve, protect, and defend the Constitution of the United 
States.'" 

Section II — Powers' of the President. 

i. " The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia of the 
several States, when called into active service of the United 
States ; he may require the opinion, in writing, of the princi- 
pal officer in each of the executive departments, upon any sub- 
ject relating to the duties of their respective offices, and he 
shall have power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment." 

2. " He shall have power, by and with the advice and con- 
sent of the Senate, to make treaties, provided two-thirds of 
the Senators present concur ; and he shall nominate, and by 
and with the advice and consent of the Senate, shall appoint 
ambassadors, other public ministers, and consuls, judges of 
the Supreme Court, and all other officers of the United States, 
whose appointments are not herein otherwise provided for, 
and which shall be established by law : but the Congress may 
by law vest the appointment of inferior officers, as they think 
proper, in the President alone, in the courts of law, or in the 
heads of Departments." 

3, " The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting 
commissions, which shall expire at the end of their next ses- 
sion." 

Section III. — Duties of the President. 

" He shall, from time to time, give to the Congress infor- 



CIVIL GOVERNMENT. 117 

mation of the State of the Union, and recommend to their 
consideration such measures as he shall judge necessary and 
expedient; he may, on extraordinary occasions, convene both 
Houses, or either of them, and in case of disagreement be- 
tween them, with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper; he shall 
receive ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall commis- 
sion all the officers of the United States." 

ARTICLE III. 

JUDICIAL DEPARTMENT. 

Section I. — United States Court. 

" The judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior courts as the Con- 
gress may, from time to time, ordain and establish. The 
judges, both of the Supreme and inferior courts, shall hold 
their offices during good behavior, and shall, at stated times, 
receive for their services a compensation, which shall not be 
diminished during their continuance in office. " 

Section II. — Jurisdiction of the United States Courts. 

i. " The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public 
ministers, and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United States shall 
be a party ; to controversies between two or more States, be- 
tween a State and citizens of another State, between citizens 
of different States, between citizens of the same State, claim- 
ing lands under grants of different States, and between a State 
or the citizens thereof, and foreign States, citizens, or sub- 
jects." 

2. "In all cases affecting ambassadors, other public minis- 



118 CIVIL GOVERNMENT. 

ters, and consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction. In all the 
other cases before mentioned, the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such excep- 
tions, and under such regulations, as the Congress shall 
make." 

3* "The trial of all crimes, except in cases of impeach- 
ment, shall be by jury; and such trial shall be held in the 
State where the said crimes shall have been committed ; but 
when not committed within any State, the trial shall be at such 
place, or places, as^the Congress may by law have directed." 

Section III. — Treason. 

i. "Treason against the United States shall consist only in 
levying war against them, or adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of trea- 
son, unless on the testimony of two witnesses to the same 
overt act, or on confession in open court." 

2. "The Congress shall have power to declare the punish- 
ment of treason, but no attainder of treason shall work cor- 
ruption of blood, or forfeiture, except during the life of the 
person attainted." 

ARTICLE IV, 

Section I. — State Records. 

"Full faith and credit shall be given in each State to the 
public acts, records and judicial proceedings of every other 
State. And the Congress may, by general laws, prescribe the 
manner in which such acts, records, and proceedings shall be 
proved and the effect thereof. 

Section II. — Privileges of the Citizens. 

i % "The citizens of each State shall be entitled to all privi- 
leges and immunities of citizens in the several Stales." 

2. "A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in an- 



CIVIL GOVERNMENT. 119 

other State, shall, on demand of the executive authority of 
the State from which he fled, be delivered up, to be removed 
to the State having jurisdiction of the crime. ,, 

3. li No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in consequence 
of any law or regulation, be discharged trom such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due." 

Section III. — New States and Territories. 

1. "New States may be admitted by the Congress into this 
Union ; but no new State shall be formed, or erected, within 
the jurisdiction of any other State ; nor any State be formed, 
by the junction of two or more States, or parts of States, with- 
out the consent of the legislatures of the States concerned, as 
well as of the Congress*" 

2. "The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the territory 
or other property, belonging to the United States ; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State." 

Section IV. — Guarantee to the States. 

" The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect 
each of them against invasion ; and on application of the leg- 
islature, or of the executive (when the legislature can not be 
convened), against domestic violence." 

ARTICLE V. 

Power of Amendment. 

" The Congress, whenever two-thirds of both Houses shall 
deem it necessary, shall propose amendments to this Constitu- 
tion, or, on the application of the legislatures of two-thirds of 
the several States, shall call a convention for proposing amend- 
ments, which, in either case, shall be valid to all intents and 



120 CIVIL GOVERNMENT. 

purposes, as part of this Constitution, when ratified by the 
legislatures of three- fourths of the several States, or by con- 
ventions in three-fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress ; Provided, 
that no amendment, which may be made prior to the year one 
thousand eight hundred and eight, shall, in any manner, affect 
the first and fourth clauses in the ninth section of the first 
article ; and that no State, without its consent, shall be de- 
prived of its equal suffrage in the Senate." 

ARTICLE VI. 
Public Debt, Supremacy of the Constitution, Oath of Of- 
fice, Religious Test. 

i. " All debts contracted, and engagements entered into, 
before the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as under the 
Confederation." 

2. " This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land; and the 
judges in every State shall be bound thereby^ anything in the 
Constitution or laws of any State to the contrary notwithstand- 
ing." 

3. " The Senators and Representatives before mentioned, 
and the members of the several State legislatures, and all ex- 
ecutive and judicial officers, both of the United States, and of 
the several States, shall be bound by oath or affirmation, to 
support this Constitution , but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States." 

ARTICLE VII. 

Ratification of the Constitution. 

" The ratifications of the Conventions of nine States shall 



CIVIL GOVERNMENT. 121 

be sufficient for the establishment of this Constitution between 
the States so ratifying the same." 

Done in convention by the unanimous consent of the States present, the seven- 
teenth day of September, in the year of our Lord, one thousand seven hundred and 
eighty-seven, and of the Independence of the United States of America the twelfth. 



AMENDMENTS TO THE CONSTITUTION. 



Articles in Addition to, and Amendment of, the 

Constitution of the United States 

of America. 



Proposed by Congress and ratified by the Legislatures of 
the several States, pursuant to the fifth article of the 
original Constitution . 

Article I. — Freedom of Religion, etc. 

" Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof, or abridg- 
ing the freedom of speech, or of the press ; or the right of the 
people peaceably to assemble, and to petition the Government 
for a redress of grievances." 

Article II. — Right to Bear Arms. 

" A well-regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms 
shall not be infringed." 

Article III — Quartering Soldiers on Citizens. 

" No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner ; nor, in time of war, 
but in a manner to be prescribed by law." 



122 CIVIL GOVERNMENT. 

Article IV. — Search- Warrants. 

" The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated; and no warrants shall issue, but 
upon probable cause, supported by oath or affirmation, and 
particularly describing the place to be searched, and the per- 
sons or things to be seized." 

Article V. — Trial for Crime, etc. 

" No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment of 
a grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service, in time of war, or 
public danger ; nor shall any person be subject, for the same 
offense, to be twice put in jeopardy of life or limb ; nor shall 
be compelled in any criminal case to be a witness against him- 
self, nor be deprived of life, liberty, or property, without due 
process of law ; nor shall private property be taken for public 
use, without just compensation. ,, 

Article VI. — Rights of Accused Persons. 
11 In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the 
State and district wherein the crime shall have been com- 
mitted, which district shall have been previously ascertained 
by law, and to be informed of the nature and cause of the ac- 
cusation ; to be confronted with the witnesses against him ; to 
have compulsory process for obtaining witnesses in his favor ; 
and to have the assistance of counsel for his defense." 

Article VII. — Suits at Common Law. 

" In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved; and no fact, tried by a jury, shall be otherwise re- 
examined in any court of the United States, than according to 
the rules of the common law." 



CIVIL GOVERNMENT. 123 

Article VIII. — Excessive Bail. 

" Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishment inflicted." 

Article IX. — Rights Retained by the People. 

"The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained by 
the people." 

Article X. — Reserved Powers of the States. 

"The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people." 

Article XI 

"The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of an- 
other State, or by citizens or subjects of any foreign State." 

Article XII — Mode of Choosing the President and Vice- 

President. 

i "The Electors shall meet in their respective States, and 
vote by ballot for President and Vice-President, one of whom, 
at least, shall not be an inhabitant of the same State with 
themselves ; they shall name in their ballots the person voted 
for as President, and in distinct ballots the person voted for as 
Vice-President ; and they shall make distinct lists of all per- 
sons voted for as President, and of all persons voted for as 
Vice-President, and of the number of votes for each, which 
lists they shall sign and certify, and transmit, sealed, to the 
seat of government of the United States, directed to the Pres- 
ident of the Senate ; the President of the Senate shall, in the 
presence of the Senate and House of Representatives, open 



124 CIVIL GOVERNMENT. 

all the certificates, and the votes shall then be counted; the 
person having the greatest number of votes for President shall 
be the President, if such number be a majority of the whole 
number of Electors appointed ; and if no person have such a 
majority, then from the persons having the highest number, 
not exceeding three, on the list of those voted for as President, 
the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the votes 
shall be taken by States, the representation from each State 
having one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the States, and a ma- 
jority of all the States shall be necessary to a choice. And if 
the House of Representatives shall not choose a President, 
whenever the right to choose shall devolve upon them, before 
the fourth day of March next following, then the Vice-Presi- 
dent shall act as President, as in case of the death, or other 
constitutional disability, of the President." 

2. " The person having the greatest number of votes as 
Vice-President shall be the Vice-President, if such number be 
a majority of the whole number of Electors appointed ; and if 
no person have a majority, then, from the two highest numbers 
on the list, the Senate shall choose the Vice-President; a quo- 
rum for the purpose shall consist of two-thirds of the whole 
number of Senators ; a majority of the whole number shall be 
necessary to a choice." 

3 "But no person 'constitutionally ineligible to the office 
of President, shall be eligible to that of Vice-President of the 
United States." 

Article XIII. — Abolition of Slavery. 

i. " Neither slavery or involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly 
convicted, shall exist within the United States orany place sub- 
ject ot their jurisdiction." 



CIVIL GOVERNMENT. 125 

2. " Congress shall have power to enforce this article by ap- 
propriate legislation. " 

Article XIV. — Right of Citizenship, etc. 

i. " All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State 
shall make or enforce any law which shall abridge the privi- 
leges or immunities of citizens of the United States ; nor shall 
any State deprive any person of life, liberty, or property with- 
out due process of law, nor to deny to any person within its 
jurisdiction the equal protection of the laws. 

2. " Representatives shall be apportioned among the sever- 
al States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the 
choice of Electors for President and Vice-President of the 
United States, Representatives in Congress, the executive and 
judicial officers of a State, or the members of the Legislature 
thereof, is denied to any of the male inhabitants of such State, 
being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in re- 
bellion or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens, 
twenty-one years of age, in such State. 

3. '*No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold 
any office, civil or military, under the United States, or under 
any State, who, having previously taken an oath as a member 
of Congress, or as an officer of the United States, or as a 
member of any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies thereof. But 



126 CIVIL GOVERNMENT. 

Congress may, by a vote of two-thirds of each House, remove 
such disability." 

4. " The validity of the public debt of the United States, 
authorized by law, iucluding debts incurred for payment of 
pensions and bounties for services in suppressing insurrection 
or rebellion, shall not be questioned. But neither the United 
States nor any State shall assume or pay any debt or obliga- 
tion in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave, 
t>ut all such debts, obligations, and claims shall be held illegal 
and void." 

5. " The Congress shall have power to enforce by appro- 
priate legislation, the provisions of this article." 

Article XV, — Right of Suffrage. 

1. "The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of serv- 
itude." 

2. " The Congress shall have power to enforce this article 
by appropriate legislation." 




Part Third 



CHAPTER I. 
LOCAL GOVERNMENT. 

Where is the Supreme power of the United States 
lodged ? In the general government. 

What is general government? A controlling power 
exercised over the whole people and pertaining to gen- 
eral interests. 

What is local government? The government of a 
certain locality, pertaining to the interests or affairs of 
that locality only. 

To what is the authority of the general government 
restricted ? To the powers expressly conferred on it hj 
the Constitution. 

To what are all other powers reserved? To the 
States or to the people. 

Are the States sovereign? They are in their own 
limits over all questions not expressly assigned to the 
general government. 

In case of a conflict between a local and the general 
government which is the higher power? The general 
government. 



12S CIVIL GOVERNMENT 

Illustrate. The XIII, XIV and XV Amendments to 
the Constitution of the United States were in conflict 
with parts of some of the State Constitutions. 

What was the effect ? Those parts of the said State 
Constitutions became null and void. 

What is the great aim and object of both kinds of 
government? The welfare of the people. 

For what purpose do we elect Congressmen and 
United States Senators ? To make laws for our general 
welfare, such as relate to national defense, national cur- 
rency, post offices, transactions with foreign powers, &c. 

For what purpose do we elect State Legislators ? To 
make laws for our local or home affairs, such as relate 
to our public schools, charitable institutions, incorpora- 
tion of our towns, development of our agricultural and 
mining interests, &c. 

Is there not a great similarity between the general 
government and the State government ? There is; the 
State governments are modeled after the United States 
government. 

Point out the similarity in the divisions of the gov- 
ernments? The United States government is divided 
into Legislative, Executive and Judicial departments; so 
also are the State governments. 

Show the similarity in the Executive departments? 
The United States has a President and Vice-President, 
while each State has a Governor and Lieutenant-Gov- 
ernor. 

Show the similarity in the Legislative departments ? 
The United States has a Congress divided into two 



OF KENTUCKY. 129 

branches, while the States have a Legislature divided 
into two branches. 

Show the similarity of their Judicial departments? 
The United States has a Supreme Court, Circuit Court, 
District Court, &c, while each State has a Supreme 
Court, or Court of Appeals, Circuit Courts, County 
Courts, &c. 

Are all the State governments similar ? They are 
very much alike, and a knowledge of the government of 
one will suffice for the general principle of all. 

CHAPTER II. 
KENTUCKY. 

What is the motto of Kentucky? " United we stand, 
divided we fall." 

What is the sobriquet? "The dark and bloody 
ground." 

What is it often called ? The " Blue-grass State." 

GEOGRAPHY. 

What is the latitude of the southern boundary? 36° 
30\ 

What is the latitude of the northern boundary? 39° 
06\ 

Eastern limit of longitude ? 5° W. from Washington. 

Western limit of longitude ? 12° 38 y W. from Wash- 
ington. 

Give the boundary of the State of Kentucky? Be- 
ginning in the southeast corner at seven pines and two 
black oaks on the top of Cumberland mountains on the 
Tennessee line, where it crosses said mountains one mile 



130 CIVIL GOVERNMENT 

and a half and twelve poles southwardly of Cumber- 
land Gap, thence with Walker's old marked line S., 
86° W. to Tennessee river, thence up and with the 
Tennessee river to Alexander and Munsell's line, 
thence with said line to the Mississippi river be- 
low New Madrid, thence up the channel of the 
Mississippi river to a point on the north bank of 
the Ohio river at its mouth, thence w^ith the north 
bank of the Ohio river at low water mark to a point 
opposite the mouth of the Big Sandy river, thence 
across the Ohio river and up the said Sandy to the 
mouth of the main western branch of Sandy river, 
thence up the northwesterly branch to the intersection 
of a line drawn south 45° W., thence with said line to 
the beginning. 

What is the length of the Tennessee border ? 300 
miles. 

The Mississippi border ? Fifty miles. 

The Ohio border ? 642 miles. 

The Big Sandy border ? 120 miles. 

The mountain line ? 130 miles. 

Total boundary ? 1,242 miles. 

What is the greatest length of the State from East to 
West ? 411 miles. 

What is its extreme breadth ? 179 miles. 

Its area? About 40,000 square miles, or about 25,- 
000,000 acres. 

What was the population in 1885 ? 1,648,690. 

Present population ? About 2,200,000. 

What is the altitude of the Western point at New 



OF KENTUCKY. 131 

Madrid ? 300 feet above the level of the sea. 

What is the average altitude of the Eastern part? 
1,600 feet above the sea. 

What is the fall or difference of altitude between the 
Eastern and Western parts ? 1,300 feet. 

What the total length of river border ? 733 miles. 

How many miles of river within the State limits ? 
More than 4,000. 

How far does Kentucky's jurisdiction extend? To 
low water mark on the north bank of the Ohio river, and 
to the middle of the Mississippi, Tennessee, and Big 
Sandy Rivers. 

CHAPTER III. 
ORIGIN OF KENTUCKY. 

Of what State was Kentucky originally part? Of 
Virginia. 

Of what county in Virginia was it a part ? Augusta 
county. 

When w r as Augusta county, Virginia, organized? In 
1738. 

When w^as Augusta county divided and Botetourt 
(Bot-e-turt) county formed of part of the same ? In 
1769. 

When was Botetourt county divided and Fincastle 
formed of a part of it? In 1772. 

In those days what was the custom in the division of a 
county? If they divided a county into two counties one 
of them retained the original name, but if into three 
they dropped the original name. 

When was Fincastle county divided into the counties 



132 CIVIL GOVERNMENT. 

of Washington, Montgomery, and Kentucky? In 1775, 

What was the Eastern boundary of Kentucky county ? 
Big Sandy river. 

What of the Western boundary ? It was unlimited ; 
not well defined. 

When was Kentucky county, Virginia, divided into 
Fayette, Jefferson, and Lincoln counties (now Ken- 
tucky) ? In 1781. 

For how long was the name Kentucky dropped ? Two 
years. 

When were these three counties organized into Ken- 
tucky district ? In 1783. 

What kind of a district was this ? A judicial district. 

Why was it established? That they might have a 
court nearer than old Virginia. 

How far were they from the settlements in old Vir- 
ginia ? Nearly 500 miles. 

What did the settlers of Kentucky district painfully 
realize ? That they sadly needed a local government of 
their own. 

SEPARATION. 

When were the first steps taken to separate Kentucky 
district from Virginia and organize it into a State and 
ask admittance into the Union ? In 1784. 

What was the nature of this separation? It was 
peaceable. 

What are the articles of agreement called? "The 
compact with Virginia." 

When was this compact made ? December 18, 1789. 



OF KENTUCKY. 133 

When did Congress pass an act to admit Kentucky 
into the Union ? February 4, 1791. 

How many conventions up to this time (1791) had the 
people held relative to their separation from Virginia 
and their admission into the Union ? Nine. 

How much time had elapsed? Seven years. 

What was the cause of all this delay? Indian wars, 
the unsettled condition of affairs, and the impending 
change in the general government. 

When were delegates elected to the tenth convention ? 
December, 1791. 

What convention was this? The one that ordained 
and established the first Constitution of Kentucky. 

Who presided over this convention ? Samuel Mc- 
Dowell, who had also presided over the other nine. 

How many delegates in this convention ? Forty-five. 

How many counties in Kentucky at that time ? Nine, 
and they sent five delegates each. 

When and where did this convention meet ? At Dan- 
ville, April 3d, 1792. 

When did they adopt and sign the first Constitution ? 
April 19, 1792. ' 

How many Constitutions has Kentucky had ? Three. 

When was Kentucky admitted into the Union ? June 
1st, 1792, at which time the government went into oper- 
ation under the first Constitution. 

CHAPTER IV. 
FIRST CONSTITUTION. 

When and where did the first Legislature of Ken- 
tucky convene ? June the 4th, 1792, at Lexington. 



134 CIVIL GOVERNMENT 

Who had been chosen Governor by the College of 
Electors ? Isaac Shelby. 

What of Shelby? He and Garrard were the only 
men ever twice elected Governor of Kentucky. 

Were his terms consecutive ? They were not. 

What was the first law made by the first legislature of 
Kentucky? " An Act establishing an Auditor's Office 
of Public Accounts." 

W T hen was it approved by the Governor and made a 
law ? June 22, 1792. How long was the first session of 
the Legislature, and when did it adjourn? Twenty-five 
days, adjourned June 29, 1792. 

Under the first Constitution how were the Governor 
and Senators chosen ? By electors who were chosen by 
the people. 

How was voting done ? By ballot. 

How many days did they hold elections ? Three con- 
secutive clays. 

Why ? On account of the great distance the voters 
had to travel. 

In what was the executive power vested ? In a Gov- 
ernor only, as they had no Lieutenant-Governor. 

In case of the death, resignation, or inability of the 
Governor, who took his place ? The Speaker of the 
Senate. 

How were the Representatives elected ? By the people. 

What two officers were also elected by the people ? 
Sheriff and Coroner. 

How were the Judges and Magistrates appointed ? By 
the Governor. 



OF KENTUCKY. 135 

For how long were the Judges appointed ? For life, 
or during good behavior. 

In case they were guilty of an offense, not justifying 
impeachment, how were they removed from office ? On 
the address of two-thirds of each branch of the Legisla- 
ture. 

How was the Treasurer appointed? By joint ballot 
of both Houses of the Legislature. 

What is the capitol of Kentucky ? Frankfort. 

When was it selected ? In 1792. 

How? The Legislature appointed twenty-one com- 
missioners from various parts of the State, and the 
delegates from Mercer and Fayette counties were to 
strike out one name each alternately till the number was 
reduced to five, and these, or any three of them, were to 
name the place for seat of government. 

When did Frankfort become the seat of government ? 
In 1797. 

How long did the government continue under this 
first Constitution ? Eight years. 

In what year were the people to have an opportunity 
to vote for a call of a convention to amend this Constitu- 
tion? In 1797. 

Was such a vote taken ? It was. 

What was the result ? Five counties failed to report. 

Was a vote taken the next year ? There was. 

What was the result ? Ten counties failed to report. 

What was then done ? It was evident that the people 
were in favor of the calling of a convention, and the 
Legislature made the call by a two-thirds vote. 



136 CIVIL GOVERNMENT 

What followed ? Delegates were elected by the peo- 
ple, who met at Frankfort and produced the second Con- 
stitution. 

When was it signed ? The 17th day of August, 1799. 

When did it go into full force and effect ? June 1st, 
1800. 

CHAPTER Y. 
SECOND CONSTITUTION. 

What change of election days under this Constitution? 
A change from the first Tuesday in May to the first 
Monday in August. 

What change of voting ? From ballot to viva voce. 

How often were Representatives elected ? Annually. 

How often were appointments made ? Once in four 
years. 

How were Senators elected ? By the people. 

Term of office ? Four years. 

Into how many classes were they divided? Four. 

How were the Governor and Lieutenant-Governor 
elected? By the people. 

Term of office ? Four years. 

Time of inauguration? Fourth Tuesday after the 
election. 

Under this Constitution how long was the Governor 
ineligible ? Seven years. 

What of judges ? They were still appointed, and held 
office the same as under the first Constitution. 

What new courts were established ? County Courts. 

How were surveyors, coroners and justices of the 



OF KENTUCKY. 137 

peace appointed? By the Governor, upon the recom- 
mendation of a majority of the magistrates. 

How were clerks appointed? Each court appointed 
its own clerk, who held office for life or during good be- 
havior. 

How were sheriffs appointed ? By the Governor, upon 
the recommendation of a majority of the magistrates ; the 
sheriff was chosen from among the magistrates, and the 
one holding the oldest commission was made sheriff 

How were the Secretary of State and Attorney Gen- 
eral appointed ? By the Governor. 

What was the stupendous feature of this Constitution? 
The appointive power of the Executive. 

What change was made in the third Constitution? 
The appointive power was greatly diminished, and most 
all the offices were filled by elections by the people. 

What was the oppressive feature of this Constitution ? 
There was no limit to the power of the Legislature to 
borrow money on the credit of the State. The public 
debt at one time amounted to $4,500,000 nearly. 

What restriction upon this in the present Constitution ? 
The Legislature can not borrow more than $500,000 on 
the credit of the State. 

How long was this Constitution in force and effect. 
Fifty years. 

How was this Constitution to be amended, readopted 
or changed ? By a convention called for that purpose. 

Before such a convention could be called what was 
necessary to be done? To take the voice of the people 
on the subject for two consecutive years. 



138 CIVIL GOVERNMENT. 

Who was ordered to take this vote ? The sheriffs and 
other returning officers. 

Under what authority was this done ? That of the 
Legislature. 

What time was prescribed by this Constitution for the 
Legislature to pass an act authorizing such a vote to be 
taken ? Within twenty days after the Legislature con- 
vened. 

By what vote ? By a majority of each House. 

In taking the vote who were counted in favor of call- 
ing a convention ? Only those who voted affirmatively. 

Who were counted against it ? Not only those voting 
against it, but also those not voting at all. 

What number was necessary to call the convention ? 
A majority of all the citizens of the State entitled to 
vote for a Representative at each of the elections. 

Should it appear that a majority of the voters were in 
favor of calling a convention, what must the Legislature 
at its next session do ? Call a convention to consist of 
as many members as there were in the House of 
Representatives and no more. 

How were these members or delegates chosen ? In the 
same manner and proportion, and at the same time and 
places, as Representatives were. 

When were said delegates required to meet? Within 
three months after their election, at the State Capitol. 

When did the Legislature order an election for calling 
a convention to revise the second Constitution? In 
1846. 

When was the first election held ? In 1847. 



OF KENTUCKY. 139 

When the second ? 1848. 

What was the result of these two elections ? The re- 
turns showed a majority in favor of calling a conven- 
tion. 

How many were in favor of it ? About 102,000. 

How many against it? About 40,000. 

When did the Legislature pass the act calling the con- 
vention? June 13, 1849. 

When, did the convention assemble? October 1st, 
1849. 

What was the result of the deliberations of this con- 
vention? They ordained and established the present 
Constitution. 

How long were they in session ? About eight months. 

When was it adopted ? June 1st, 1850. 

When did it go into force and effect? Immediately. 

CHAPTER VI. 
THIRD OR PRESENT CONSTITUTION. 

Who ordained and established this Constitution ? The 
people of the Commonwealth of Kentucky, through 
their delegates in convention assembled. 

For what purpose ? To secure to every citizen thereof 
the rights of "life, liberty, property, and the pursuit of 
happiness." 

What sacred right is guaranteed to the people under 
this Constitution ? The right to a voice in the selection 
of all public officers. 

When was the first general election under this Consti- 
tution held ? May the 12th, 1851. 



140 CIVIL GOVERNMENT 

What officers were for the first time in the history of 
Kentucky elected by the people? Appellate Judges, 
Clerk of the Court of Appeals, Circuit Judges, Com- 
monwealth's Attorneys, and in each county a County 
Judge, County Attorney, County Clerk, Circuit Clerk, 
Sheriff, Jailer, Assessor, Surveyor, Justices of the 
Peace, and Constables. 

How many branches of government are established by 
this Constitution? Three. 

What are they ? The Legislative, Executive and Ju- 
dicial. 

LEGISLATIVE DEPARTMENT. 

In what is the legislative power vested ? In the Leg- 
islature, or " General Assembly of Kentucky." 

Of what is it composed? Of a Senate and House of 
Representatives. 

What is its enacting clause? "Be it enacted by the 
General Assembly of the Commonwealth of Kentucky." 

HOUSE OF REPRESENTATIVES. 

How many members in the House of Representatives. 
One hundred. 

Is this number subject to change or fixed? It is fixed 
by the Constitution. 

How is representation apportioned ? According to the 
number of qualified voters. 

How often is an apportionment made ? Once every 
eight years. 

When was the second apportionment made ? In 1857. 

The third? 1865. 



OF KENTUCKY. 141 

The fourth? In 1873. The fifth? In 1881. 

When will the sixth be made ? In 1889. 

How is representation equalized ? The State is divid- 
ed into ten districts, and the number of Representatives 
apportioned to each district according to the number of 
its voters. 

In what district is this county? (See Article 2, Sec. 
6 of Constitution). 

Of how many counties is it composed ? See same place. 

How is the ratio or basis of representation ascertained ? 
By dividing the whole number of voters in the State 
by 100, the whole number of Representatives. 

How is the number of Representatives each district is 
entitled to, found ? By dividing the whole number of 
qualified voters in the district by the ratio or basis of 
representation. 

Should a county not have voters enough to entitle it 
to a Representative what is done ? Two or more small 
counties are joined together. 

When are Representatives elected? On the first 
Monday in August in the odd years. 

How ? By the qualified voters. 

Who are the qualified voters, according to the Consti- 
tution? See Article 2 Sec. 8. 

Eligibility of a Representative ? He must be a voter 
and twenty-four years of age. 

CHAPTER VII. 
THE SENATE. 

Of how many members is the Senate composed? 
Thirty-eight. 



142 CIVIL GOVERNMENT 

Does this number change, or is it permanent ? It is 
fixed by the Constitution. 

How are Senators apportioned ? At each apportion- 
ment the State is divided into thirty-eight Senatorial 
Districts containing, as nearly as may be, an equal num- 
ber of voters, provided a county shall not be divided and 
the counties composing each district shall be adjoining. 

What Senatorial District is this ? (See table of Sen- 
atorial Districts). 

Of what counties is it composed ? See same place. 

Eligibility of a Senator ? He must be a citizen of the 
United States, thirty years of age, a resident of the 
State six years next preceding his election, and the last 
year thereof of the district from which he is elected. 

Term of office ? Four years. 

Into how many classes are they divided ? Two. 

When do the terms of one-half of them expire ? 
Every two years. 

What are those whose terms of office are unexpired 
called ? Old, or held-over members. 

How many are newly elected members each session ? 
Nineteen (one-half). 

What is the compensation of Senators and Repre- 
sentatives ? They get the same amount, five dollars per 
day, 12 \ cents per mile mileage (each way), and twenty 
dollars for stationery. 

How are vacancies filled ? By special election. 

Who are ineligible to membership in the General As- 
sembly of Kentucky ? See Article 2, Sections 26, 27, 
and 28. 



OF KENTUCKY. 143 

CHAPTER VIII. 
ORGANIZATION. 

When does the General Assembly convene ? On the 
first Monday in December in the odd years. 

Is this date fixed ? It is not, but may be changed by 
the Legislature as to time of the year. 

How many members in each House constitute a 
quorum ? A majority. 

What may a smaller number do ? Adjourn from day 
to day and compel the attendance of the other members. 

What are the exclusive privileges of each house ? To 
judge of its own election returns ; to make its own stand- 
ing rules ; to punish its own members ; to keep its own 
journal; to fix the time of its adjournment provided it 
does not exceed three days ; to elect its own officers and 
to appoint its own committees. 

Who organizes and presides over the Senate? The 
Lieutenant-Governor. 

What is he called ? Speaker of the Senate. 

What are his privileges ? When in committee of the 
whole, he may debate and vote on all subjects, and when 
the Senate is equally divided he may give the casting 
vote. 

In case of death of the Lieutenant-Grovernor, or his 
removal or inability, or when he acts as Governor, what 
would the Senate do ? Proceed to elect a Speaker pro 
tempore from among their number. 

How are the committees appointed ? By the Speaker, 
unless the Senate shall direct otherwise, in which case 
they are elected by a plurality vote. 



144 CIVIL GOVERNMENT 

How many standing committees has the Senate? 
Twenty-three. 

What are the other officers of the Senate ? Clerks,, 
Sergeant-at-Arms and Doorkeeper. 

Are they members ? They are not. 

Who appoints the pages, keeper of the cloak-room,, 
janitor, and other attachees? The Sergeant-at-Arms. 

HOUSE OF REPRESENTATIVES. 

Who organizes the House of Representatives ? The 
Clerk of the last House, who is furnished with a list of 
the members elect by the Secretary of State. 

How does he proceed ? Calls the House to order and 
has the oath of office administered to the members. 

What is the next thing in order ? The nomination and 
election of a Speaker. 

What are his duties ? To preside over the House and 
preserve order and decorum, to prove the journal and to 
appoint the standing and other committees. 

How many standing committees has the House of Rep- 
resentatives ? Twenty-nine. 

What are the other officers of the House ? Clerks,, 
Sergeant-at-Arms and Doorkeeper. 

How are they elected? They must be put in nomina- 
tion and elected by a majority vote. 

When the organization of both Houses is complete 
what do they do? Appoint a joint committee to notify 
the Governor that they are ready for business. 

What does he do ? Sends in his message. 

What is done with this message ? It is received, read, 



OF KENTUCKY. 145 

and each item of business is referred to an appropriate 
standing committee. 

What else is done with the message ? It is printed,, 
wrapped in stamped wrappers, and each member pre- 
sented with a certain number of copies for distribution. 

When does the Legislature elect a United States Sen- 
ator ? On the first Tuesday after the convening of the 
session next preceding the expiration of a Senatorial 
term. 

How do they proceed? On the said Tuesday each 
House takes a separate vote for a United States Senator; 
on Wednesday (the day following) at 12 o'clock the Sen- 
ate rises and proceeds to the Hall of the House of Rep- 
resentatives, and there in joint session they take a joint 
vote for a United States Senator ; should there be an 
election it is so announced, but if not they must meet in 
joint session from day to day and take at least one ballot 
until an election is effected. 

In joint sessions who is the presiding officer? The 
Speaker of the Senate, assisted by the Speaker of the 
House. 

Who is clerk ? The clerk of the Senate, assisted by 
the clerk of the House. 

Which roll is called first ? That of the Senate. 

Where are the proceedings recorded? On the journals 
of each house. 

Who is Sergeant-at-Arms ? The Sergeant-at- Arms of 
the Senate, assisted by the one of the House. 



146 CIVIL GOVERNMENT 

CHAPTER IX. 
LEGISLATION. 

How many kinds of legislation are there? Two; ex- 
clusive and concurrent. 

Name the things which are exclusive to the Senate ? 
Confirming the Governor's appointments and trying im- 
peachments. 

What vote is necessary to confirm an appointment ? 
A majority. 

When trying impeachments shall the Senators be un- 
der oath ? They shall. 

What is necessary to a conviction ? Two-thirds of the 
members present. 

Who are liable to impeachment ? The Governor and 
all civil officers. 

To what shall conviction extend ? To removal from 
office and disqualification to hold any office of honor, 
profit or trust in the State forever afterward. 

Shall such a person be liable to indictment, trial and 
punishment by law ? He shall. 

Name the things exclusive to the House of Represen- 
tatives ? The sole power of impeachment and the orig- 
ination of bills for raising revenue. 

In considering bills for raising revenue what may the 
Senate do ? Propose amendments as in other bills, pro- 
vided they do not introduce any new matter under color 
of amendment which does not relate to revenue. 

What are the powers of both Houses in concurrent 
legislation ? They are co-ordinate or equal. 



OF KENTUCKY. 147 

What is concurrent legislation ? That in which both 
Houses take a part. 

Enumerate the principal items of concurrent legisla- 
tion ? The election of a United States Senator, Libra- 
rian and Public Printer, and all bills, orders, and reso- 
lutions (except origination of bills for raising revenue). 

How is every bill preceded ? By a leave or permis- 
sion. 

What are leave-days? Days set apart for granting 
permissions or leaves to bring in bills. 

When a bill is introduced what is done with it? It is 
referred to an appropriate committee. 

What does the committee do with it ? They consider 
and act upon it and refer it back to the House in which 
it originated with an expression of opinion that it ought 
or ought not to pass. 

How must every bill be acted upon ? It must have 
three several readings on three different days, unless the 
rule be suspended by a four-fifths vote, in which case 
it is put upon its passage immediately. 

Should it pass that house w T haf is done with it? It is 
sent to the other house to be acted upon in like manner. 

Should it pass that House then where is it sent? To 
the Governor for his signature. 

In case he signs it what is done with it ? It is re- 
turned to the House in which it originated, enrolled,, 
signed by the Speakers of both Houses, and becomes a 
law. 

Should the Governor veto it what is done with it? 
He returns it to the House in which it originated to- 



148 CIVIL GOVERNMENT 

gether with his objections in writing, which are entered 
In full on the journal. 

If a vetoed bill be reconsidered what vote is necessary 
to make it a law "over his head?" A majority of all 
the members of each House. 

How shall this vote be taken? By the yeas and 
nays. 

How else may a bill become a law without the Gover- 
nor's signature ? By default. 

Give the way in which a bill may become a law by 
default? If the Governor should fail to return a bill 
within ten days (Sundays excepted) it becomes a law', 
unless the Legislature should adjourn in the meantime, 
in which case it shall be returned in three days after the 
meeting of the next Legislature, or it becomes a law 
anyhow. 

State in brief the three ways by which a bill may be- 
come a law ? With the Governor's signature, over his 
head, and by default. 

How is all voting done in the Legislature and by the 
people? Viva voce. 

How many are sufficient to call the yeas and nays ? 
Two. 

How may the seat of government be removed? By 
an act in which two-thirds of all the members elected 
to each House shall concur. 

Under this Constitution what limit is there to the pub- 
lic debt? It shall not exceed $500,000, unless it be neces- 
sary to increase it to repel invasions, suppress insurrec- 



OF KENTUCKY. 149 

tions, or prepare for defense against threatened hostili- 
ties. 

What is the " Bill of Rights ?" An enumeration of 
certain inalienable and inherent rights which our fore- 
fathers have held sacred for hundreds of years, and which 
have been incorporated into all of our Constitutions. 

What is the imperative duty of every citizen ? To fa- 
miliarize himself with all of these rights. 

Where are they found ? In article the thirteenth of 
the Constitution. 

chapter x. 

EXECUTIVE DEPARTMENT. 

Governor and Lieutenant-Governor. 

In what is the Supreme executive power of this com- 
monwealth vested ? In a Governor. 

When and by whom is the Governor elected ? On the 
first Monday in August every fourth year, by the people. 

In what year is the Governor and other State officers 
except Treasurer elected ? In every year divisible by 
four with three for a remainder. 

When is he inaugurated? On the fifth Tuesday after 
his election. 

Eligibility? He must be a citizen of the United States, 
thirty-five years of age, and a citizen of the State six 
years next preceding his election. 

Is he eligible for the next term ? He is not. 

Who is ineligible to the office of Governor ? A Con- 
gressman, an officer of the United States, or a minister 
of the gospel. 



150 CIVIL GOVERNMENT 

Salary of Governor? $5,000 per year and the use of 
the Governor's mansion ready furnished. 

What of him as a military officer? He is commander- 
in-chief of the army and navy of this Commonwealth 
and of the militia, except when it is called into the serv- 
ice of the United States. 

Can he command in the field personally ? Only when 
advised to do so by the General Assembly. 

What of his power to fill vacancies ? He shall have 
power to fill vacancies that may occur by granting com- 
missions, which shall expire when the vacancies shall 
have been filled according to the Constitution. 

Has he power to remit fines and forfeitures, grant re- 
prieves and pardons ? He has, with some exceptions. 

In what cases can he not pardon ? In cases of im- 
peachment. 

In cases of treason how long shall he have power to 
grant reprieves ? Until the end of the next session of 
the General Assembly. 

Can he remit the fees of clerks, sheriffs, or attorneys 
in penal or criminal cases ? He can not. 

Has he power to call extra sessions of the Legislature? 
He has* 

What of his power to adjourn the Legislature? In 
case the two Houses fail to agree on a time he may ad- 
journ them to a time not exceeding four months. 

What is the last injunction of the Constitution con- 
cerning him ? He shall take care that the law T s be faith- 
fully executed. 

Lieutenant-Governor. 



OF KENTUCKY. 151 

When and how is he elected ? At the same time and 
in the same manner as the Governor. 

Do the voters cast a separate vote for Governor and 
Lieutenant-Governor ? They do. 

Eligibility ? Same as for Governor. 

What is he by virtue of his office ? Speaker of the 
Senate. 

In what case would he become Governor? In case 
the Governor should die, be absent from the State, re- 
moved from office, or unable to fill it. 

Should the Lieutenant-Governor act as Governor what 
would the Senate do for a Speaker? Elect one from 
among their number. 

In case of death or other inability of both Governor 
and Lieutenant-Governor, who would become the chief 
executive? The Speaker pro tempore of the Senate. 

In case they had no Speaker pro tern, what would be 
done ? The Secretary of State would convene the Sen- 
ate and they would proceed to elect one. 

Compensation of Lieutenant-Governor ? As Speaker 
of the Senate he gets the same as the Speaker of the 
House of Representatives ; as Governor, he gets Gov- 
ernor's salary pro rata for the time he serves. 

By what are the salaries of Speakers regulated ? By 
the Legislature from time to time, and is usually about 
$10 per day. 

CHAPTER XI. 
OTHER STATE OFFICERS. 

How are the other State officers chosen ? Some are 
elected and some are appointed by the Governor. 



152 CIVIL GOVERNMENT 

Name those elected by the people ? Treasurer, Aud- 
itor, Attorney General, Register of Land Office, Super- 
intendent of Public Instruction, and the members of the 
State Board of Equalization. 

Name those which are appointed by the Governor ? 
Secretary of State, Adjutant General, State Geologist, 
Commissioner of Agriculture, and Commissioner of 
Mines. 

Name those elected by the General Assembly? State 
Librarian and Public Printer. 

Secretary of State. 

How is he appointed ? By the Governor, with the 
consent of the Senate. 

Term of office ? Same as that of Governor, unless 
sooner removed. 

Who appoints the Assistant Secretary of State ? The 
Secretary of State with the assent of the Governor. 

Are they under oath ? They are. 

Who is keeper of the great seal of this Common- 
wealth ? The Secretary of State. 

To what does he affix this seal ? To all commissions 
given by the Governor, and to all public documents of 
importance. 

What are his duties with regard to the papers of un-~ 
finished business of the Legislature ? He shall carefully 
inspect the same and preserve such as he deems worthy, 
and these he shall file away in his office with a label stat- 
ing to what session they relate. 

What important exchange may he make with other 
States ? The exchange of our statutes for those of other 



OF KENTUCKY. 153 

States; also decisions of our Court of Appeals for decis- 
ions of the Supreme Court of the United States. 

What does he preserve in his office ? The books and 
records, deeds, maps, and papers belonging to his office, 
and is required to arrange the same in convenient order. 

What may he purchase for the use of the Common- 
wealth ? Such books as the law requires to be distrib- 
uted. 

Other duties ? Such as may be required of him by 
law. 

What is his salary? §1,500 per year, payable monthly 
out of the Treasury. 

What are the duties of the Adjutant General? He 
has charge of the war department of the State, such as 
the militia, the State guard, the arsenal and all the arms 
and accoutrements of war. 

How does he rank as a military officer ? Next to the 
Governor. 

His salary ? $1,200 per year. 

What are the duties of the State Geologist? He, 
with his two assistants, shall make complete surveys of 
the State to ascertain its geological and mineralogical 
resources and make complete analysis of all specimens 
obtained or sent to them, and to make out and publish a 
full report of all their research and its result. 

Has this been of any value to the State ? It has and 
has many times repaid the various appropriations made 
to maintain it. 

For what purpose is the Commissioner of Agriculture 
appointed ? To collect crop and stock reports, tabulate 



154 CIVIL GOVERNMENT 

and publish the same ; to collect and distribute valuable 
seeds, encourage the propagation of choice fruits, and in 
various other ways encourage this branch of industry. 

Commissioner of Mines. 

His duties ? To see that all the mines in the State are 
properly worked, and to attend to the development of 
any new ones pointed out by the State Geologist. 

CHAPTER XII. 

How is the Treasurer chosen ? Elected by the people. 

Term of office ? Two years. 

Eligibility ? He must be a citizen of the United States, 
twenty-four years of age, and must have resided in the 
State two years next preceding his election. 

When is he elected ? On the first Monday in August 
in the odd years. 

When shall he enter upon the duties of his office ? On 
the first Monday in January next succeeding his elec- 
tion. 

What is the extent of his bond ? He shall execute a 
bond, to be approved by the Governor, for three hundred 
thousand dollars. 

What are his duties ? To keep accounts of all moneys 
received into and paid out of the public treasury, and to 
make out complete and comprehensive reports of same 
by the 10th of October each year. 

Upon what shall he receive money into and pay it out 
of the treasury? Only upon a certificate or warrant 
from the Auditor. 

What of this warrant ? It shall specify that the law 



OF KENTUCKY. 155 

under which it is claimed expressly directs that the 
money shall be paid out of the public treasury. 

What is his salary ? 82,400 per year. 

Is he eligible to re-election ? He is, as often as the 
people see proper to choose him. 

Who is the Auditor ? He is the book-keeper of the 
State. 

Eligibility? He must be a citizen of the United 
States, twenty-four years of age, and two years next 
preceding his election a citizen of Kentucky. 

When is he elected ? At the same time as the Gov- 
ernor. 

When does he enter upon the duties of his office ? On 
the first Monday in January next succeeding his elec- 
tion or appointment. 

The limit of his bond ? 8200,000, to be approved by 
the Governor. 

His salary? 82,500. 

How payable? Monthly at the treasury upon the 
requisition of the Governor. 

What of his assistant ? He shall have power to ap- 
point one assistant whose salary shall be 82,000 per an- 
num. 

How much is allowed annually for the hire of other 
clerks? 88,000. 

What of the assistant and other clerks ? They are 
under oath and must give bond for the faithful discharge 
of their duty. 

Duties of the Auditor ? To keep a separate account 
of all taxes collected, so as to exhibit the amount col- 



156 CIVIL GOVERNMENT 

lected under each law ; to keep a correct list of all bal- 
ances due by the Commonwealth to individuals and by 
individuals to the Commonwealth. 

He shall keep an account of all claims of debt or 
credit which may exist between the General Government 
and this State, and between this State and any other 
State. He shall keep an account between the Common- 
wealth and all her civil officers whose salaries or wages 
are payable out of the treasury; the compensation to 
members of the General Assembly and the other officers 
thereof, and he shall audit and enter into account all other 
demands payable at the treasury, and all accounts of the 
collections of the revenue or other tax or public money, 
and of all public debts. 

When does he make out and submit his biennial re- 
port to the Legislature ? On or before the sixth day of 
each session. 

What does this report exhibit? An account of all 
money paid into the treasury, by whom and for what ac- 
count paid ; the amount of public expenditures and each 
item thereof, and a vast amount of statistical and other 
valuable information collected by the assessors. 

What is the duty of every citizen respecting this re- 
port ? To procure it or an abstract of it, and to study it 
with great care and deep interest. 

W T hat is the Attorney General ? He is the lawyer of 
the State. 

When is he elected ? At the same time as the Gov- 
ernor. 

His duties? To give legal counsel to any and all ex- 



OF KENTUCKY. 1ST 

ecutive or ministerial officers of the State, and to insti- 
tute and prosecute all litigation to which the State is a 
party. 

How is his advice given ? In writing. 

What other duties ? To prepare drafts of contracts, 
obligations or other instruments of writing necessary for 
public use. 

His salary ? $500 per year and two per cent, of all 
judgments in favor of the Commonwealth. 

When is the Register of the Land Office elected ? 
Same time as the Governor, and holds office four years. 

What is the amount of his bond ? $10,000. 

His duties ? He has charge of the land office which 
contains the original patents and surveys of all lands in 
Kentucky, together with their history. 

His salary? $2,000 per year. 

CHAPTER XIII. 

When is the Superintendent of Public Instruction 
elected ? At the same time as the Governor, and shall 
hold office four years. 

What accounts does he keep ? Accounts of all the 
orders drawn or countersigned by him on the Auditor : 
of all the returns of settlements with and changes in 
the office of Superintendents. 

His report ? He shall make biennially a report of the 
condition, progress and prospects of the common schools ; 
the amount and condition of the school fund; abstracts 
of the reports of the county superintendents ; the prac- 
tical workings of the public school system, together with 



153 CIVIL GOVERNMENT 

suggestions as to any alterations it may require, and such 
other statistics, facts, and information as may be of in- 
terest. 

What other duties ? He shall ascertain and announce 
the pro rata share of the common school fund for each 
child, and also the amount for each county. 

What of reports, registers, &c. ? He shall prepare 
suitable blanks for reports, registers, certificates and no- 
tices, and distribute them to the superintendents of the 
different counties for the use of the superintendents, 
trustees and teachers. 

What of the school laws ? Each school district in the 
State is to be presented from time to time with a full 
■copy of the common school laws. 

What of his connection with the State Board of Edu- 
cation ? He is by virtue of his office Chairman of the 
Board. 

Who are the other members ? The Attorney General, 
Secretary of State and two professional teachers chosen 
by them. 

His salary ? $3,000, with office fixtures, books, sta- 
tionery, postage and fuel needed to carry on the work of 
the office. 

Of what does the State Board of Equalization consist? 
Of one member from each congressional district and the 
Auditor. 

How and when are the members elected? By the 
qualified voters at each Congressional election. 

Their duty? To equalize the taxes throughout the 
State. 



OF KENTUCKY. 159- 

Where do they meet ? At Frankfort. 

Their compensation ? $5.00 per day and mileage. 

How is the State Librarian elected ? Every two years 
by the General Assembly. 

His duties ? He has charge of the State library and 
is general supervisor and custodian of the Capitol and 
its grounds and buildings. He also furnishes fuel for 
this building and supplies all stationery. 

His salary? $1,000 per annum. 

How is the Public Printer and Binder chosen? 
Elected by the General Assembly. 

What is his business ? To print and bind, according 
to order, all matter required by law to be put before the 
public, such as journals of the two Houses, Governor's 
message, reports of the different State officials, public 
and private laws, all blanks for public officers and all 
proclamations of the Governor, &c, &c, amounting in 
the aggregate to many thousand volumes. 

Compensation? It is one of the best offices in the 
State, as he is paid according to the amount of business 
done. 

CHAPTER XIV. 
JUDICIAL DEPARTMENT. 

Courts : 

In what is the judicial power of this Commonwealth 
vested ? In such courts as are established by the Con- 
stitution and the General Assembly. 

Name the courts established by the Constitution. 
Court of Appeals, Circuit Courts, County Courts, and 
Magisterial Courts. 



160 CIVIL GOVERNMENT 

Name those established by the General Assembly. 
Superior Court, Criminal Courts, Chancery Courts, and 
Common Pleas Courts. 

COURT OF APPEALS. 

What is the Supreme Court of Kentucky called ? The 
Court of Appeals. 

Its jurisdiction ? It has only appellate jurisdiction. 

Of what is it composed ? Of four Appellate Judges, 
Clerk, Reporter, and Sergeant. 

Into how many appellate districts is the State divided? 
Into four, beginning at the Eastern part of the State. 

In what appellate district is this county ? See table of 
appellate districts. 

Which judge presides as Chief Justice? The one 
having the oldest commission or the shortest time to 
serve. 

Term of office ? Eight years. 

How elected ? By the people. 

How are they classified? So that the term of office 
of one judge shall expire every two years. 

Then how often does each district elect a judge? Once 
in every eight years. 

Where is this court held? At Frankfort, and is in 
session every judicial day in the year, except during July 
and August, should business require it. 

How many judges constitute a quorum to do business? 
Three. 

Eligibility? He must be a citizen of the United 
States, thirty years of age, and two years next preceding 
his election a resident of the district from which he 



OF KENTUCKY. 161 

seeks to be elected, and the time served in the practice 
of law, or as judge, or both, must be equal to eight 
years. 

Salary ? §5,000 per year. 

How are vacancies filled ? By special election ordered 
by the Governor, unless the time be for less than one 
year, in which case it is filled by an appointment made 
by the Governor. 

How is the Clerk of the Court of Appeals chosen ? 
Elected by the people every eight years. 

Eligibility? He must be a citizen of the United 
States, a resident of the State two years next preceding 
his election, and must have a certificate of qualification 
from an appellate or circuit judge. 

His duties ? To keep a record of the proceedings of 
the court. 

Compensation? His fees, which are numerous and 
large, making it one of the best paying offices in the 
State. 

How are vacancies filled? By special election, or by 
appointment, if the time be for less than one year. 

How is the reporter chosen ? Appointed by the court. 

His duties ? To publish such of the decisions of the 
court as are ordered by the court. 

Compensation? He receives an annual salary paid 
out of the treasury. 

How is the Sergeant chosen ? By the court, for a 
term of four years. 

His duties? He is sheriff of the Court of Appeals. 



162 CIVIL GOVERNMENT 

CHAPTER XV. 
SUPERIOR COURT. 

When was it established ? April 22, 1882. 

For what purpose ? To give temporary relief to the 
Court of Appeals. 

What is the rank of this Court ? It is intermediate 
between the Circuit Court and the Court of Appeals. 

Of how may judges is it composed? Three, one from 
each Superior Court district. 

Term of office ? Four years. 

Eligibility ? Same as Judge of Court of Appeals. 

Salary? $3,600. 

CIRCUIT COURTS. 

Into how many Circuit Court or Judicial districts is 
Kentucky divided? Nineteen. 

How many were established at the time of the adop- 
tion of the Constitution ? Twelve. 

How often could a new district be made ? Every four 
years until the number reached sixteen. 

When could they exceed this number? Not until the 
population reached a million and a half. 

When was the seventeenth district established? In 
1876. 

In which judicial district is this county? See table of 
judicial districts. 

How often is the Circuit Court required to be held in 
each county ? At least twice each year. 

Jurisdiction ? It " has original jurisdiction of all mat- 
ters both in law and equity within its county, of which 



OF KENTUCKY. 163 

jurisdiction is not by law exclusively delegated to some 
other tribunal, and has all power necessary to carry into 
effect the jurisdiction given/' 

Term of office of Circuit Judge, Commonwealth's At- 
torney and Circuit Clerk ? Six years. 

In what years are they elected ? In the years divis- 
able by six, wdth two for a remainder. 

How are the Judge and Commonwealth's Attorney 
elected ? By the voters of the entire district. 

How is the Circuit Clerk of each county elected ? By 
the voters of the county. 

Eligibility of Circuit Judge? He must be a citizen of 
the United States, thirty years of age and two years 
next preceding his election a citizen of the district from 
which he is elected ; he must also have been a practicing 
lawyer eight years, or the time engaged in practicing 
law and serving as judge must amount to eight years. 

What are his powers and duties ? He is a conserva- 
tor of the peace, and his duties are to organize and pre- 
side over the court, to instruct the juries, to decide 
points of law, pass sentences, grant decrees, and to 
oversee and direct the whole proceedings of the court. 

His salary? $3,000 per year, payable monthly out of 
the treasury. 

How would a vacancy be filled ? By special election. 

Eligibility of the Commonwealth's Attorney? He 
must be a citizen of the United States, at least twenty- 
four years age, must have been a resident of the State 
two years and of the district one year next preceding his 
election, and a licensed practicing lawyer for two years. 



164 CIVIL GOVERNMENT 

What are his duties ? To attend each Circuit Court 
held in his district, and to prosecute all violations of the 
criminal and penal laws therein, and to discharge all 
other duties assigned him by law. 

His salary? $500 per year and thirty per cent, of all 
judgments rendered in favor of the Commonwealth in 
the several courts of his district. 

Should a judgment be less than fifty dollars, what is 
his fee? Five dollars taxed as cost. 

Eligibility of Circuit Clerk ? He must be a citizen of 
the United States, twenty-one years of age, and must 
have a certificate of qualification from a circuit or an 
appellate judge. 

His duties ? To keep a record of all the orders and 
proceedings of the Circuit Court in his county, grant 
certificates to witnesses, to administer oaths, and perform 
such other duties as may by law be required of him by 
the Circuit Judge. 

What is required before he can obtain the office ? He 
must give bond for the faithful discharge of his duties. 

His compensation? His fees. 

How are vacancies filled? By appointment by the 
Circuit Judge. 

Who is the ministerial officer of the Circuit Court ? 
The sheriff* of the county in which it is held. 

CHAPTER xvi. 
JURIES. 

What of the right of trial by jury ? It is very ancient 
and is esteemed one of our most sacred privileges. 



OF KENTUCKY. 165 

How long has it been in vogue ? Probably more than 
a thousand years. 

How many kinds of juries are there? Two; Grand 
and Petit Juries. 

How many constitute the Grand Jury ? Sixteen. 

Give the qualification of a grand juryman ? He must 
be a white citizen, a housekeeper and over twenty-one 
years of age. 

Who are incompetent to serve as Grand Jurors ? All 
civil officers, surveyors of the public highway (road over- 
seer), owners of grist-mills, venders of ardent spirits by 
license, chairman of school trustees, &c, 

Where does the Grand Jury sit? Apart from the 
court in a room to themselves. 

Who presides over the Grand Jury ? One of their 
number appointed by the judge as foreman. 

In what kind of cases do they act ? In criminal cases 
only. 

What is their finding called ? An indictment. 

How many votes necessary to an indictment ? Twelve. 

Who draws up the indictment ? The Commonwealth's 
Attorney. 

What does the foreman write upon the indictment ? 
The words "a true bill," and he also signs it as foreman. 

To whom are these indictments reported and deliv- 
ered? To the judge. 

Compensation Grand Jurors ? $1.50 per day. 

Of how many jurors does the Petit Jury consist? 
Twelve. 



166 CIVIL GOVERNMENT 

How many are summoned to attend each court? 
Fifty-six. 

Qualification of a petit juror? He must be a white 
citizen, at least twenty-one years of age, a housekeeper, 
sober, temperate, discreet, and of good demeanor. 

In what kind of cases do they sit ? In both criminal 
and civil cases. 

Where does the petit jury sit? In the presence of 
the court and hears the testimony of the witnesses, the 
argument of the counsel, and the instruction of the 
judge, after which they retire to make up their decision. 

What is this decision called ? A verdict. 

What of this verdict ? If in a criminal case the ver- 
dict is "guilty" or "not guilty." If in a civil case it 
says how much one party, if any, is indebted to the 
other. 

Compensation of petit jurors? 82.00 a day. 

How are all jurors selected ? By Jury Commissioners. 

When? At the court next preceding the one in 
which they are to serve. 

How many jury commissioners are appointed and how? 
Three men are appointed, sworn, and instructed by the 
Circuit Judge to act as commissioners. 

How do they proceed in the selection of Grand Jurors ? 
They retire to a private room and make up a list of at 
least thirty-two names of competent men from different 
parts of the county; these are written upon ballots and 
shaken together, and the first sixteen drawn out consti- 
tute the Grand Jury, and their names are written in a 
list, certified to, sealed and delivered to the judge. 



OF KENTUCKY. 167 

How is the Petit Jury selected ? The commissioners 
write the names of 100 men from different parts of the 
county on slips of paper and shake them together and 
draw out thirty ballots one by one, and these names form 
the list of petit jurors. 

What is done with this list ? It is certified to, sealed 
and endorsed " a list of the standing jury/' and deliv- 
ered to the judge together with a list of the remainder 
of the names not so drawn. 

What does the judge do with these lists ? He delivers 
them to the clerk in open court and swears him not to 
open them until the time prescribed by law; thirty 
days previous to the next term of court, and not before. 

What does the clerk do at the proper time ? Gives 
the lists to the sheriff, who summons the men. 

How long before court must a juror be summoned? 
At least three days. 

Should a grand juror fail to answer a summons what 
would be the penalty ? A fine not exceeding ten dol- 
lars. 

What the fine in case of a petit juror ? From one to 

thirty dollars. 

CHAPTER XVII. 

COUNTY COURTS. 

How often are county courts held ? Once a month at 
the county seat. 

Who are the officers of a county court ? The county 
judge, county clerk, county attorney and sheriff. 

Term of office of a county judge ? Four years. 

How chosen ? By the people. 



168 CIVIL GOVERNMENT 

Eligibility? He must be a citizen of the United 
States, over twenty- one years of age, and a resident of 
the State two years, and of the county one year next 
preceding his election. 

To whom does he execute a bond? To the circuit 
court clerk. 

Is he a peace officer ? He is, within his own county, 
and has all the powers of a justice of the peace in crim- 
inal and penal cases. 

His duty as regards bonds of county officials ? He is 
required to take and approve all bonds of county of- 
ficers. 

His power to appoint guardians, administrators, etc. ? 
It is his duty to appoint them and make settlements with 
them. 

Who has power to establish justices' districts and elec- 
tion precincts in a county? The county judge. 

Who appoints the officers of elections ? The county 
judge. 

His duty relative to the Court of Claims ? To call the 
court together and preside over it. 

When and by whom are road surveyors and viewers 
appointed? By the county judge at a regular term of 
the county court. 

When and by whom are orders to open, alter or dis- 
continue roads made? At a regular county court by 
the county judge. 

Where must application for tavern or drug license be 
made ? At the county court. 



OF KENTUCKY. 169 

Compensation of county judge? A yearly allowance 
out of the county levy, and his fees. 

How are vacancies filled ? By the Board of Magis- 
trates. 

County Clerk: 

Term of office ? Four years. 

How chosen ? By the people. 

Qualification ? He must be twenty-one years of age, 
two years a citizen of the State, and one year next pre- 
ceding his election a citizen of the county. 

His duty ? To keep a record of all proceedings of the 
county court, to record deeds and mortgages, to issue 
marriage and other license, and to keep in his custody 
the bonds of the county officers, the assessors' books, poll 
books and other papers and documents required to be 
kept in his office. 

Is he under bond ? He is required to give bond w T ith 
approved security before the county judge for the faith- 
ful discharge of his duties. 

His compensation ? His fees. 

County Attorney : 

Who is the County Attorney? He is the lawyer of 
the county. 

Term of office ? He is chosen by the voters for four 
years. 

Eligibility ? He must be twenty-one years of age, a 
citizen of the State two years, and of the county one 
year next preceding his election, and must have been a 
practicing lawyer two years. 

His duties? To attend all county courts and courts of 



170 CIVIL GOVERNMENT 

claims, .and defend and protect the interests of the 
county in said courts ; to give such legal advice to county 
officers as may be required of him ; to oppose the im- 
proper grant of tavern license ; to oppose the wrongful 
alteration or discontinuance of any public road; to pros- 
ecute all criminal and penal offenses in his county, and 
to institute and conduct suits, etc., before any court in 
the State in which his county is interested when so di- 
rected by the county court. 

Compensation ? Thirty per cent, of the fines and for- 
feitures and an allowance out of the county levy. 

CHAPTER XVIII. 

Quarterly Courts : 

Who holds the quarterly courts? The county judge. 

When? In the months of January, April, July and 
October. 

Who keeps the record in this court? The county 
judge himself. 

In what do the quarterly courts have concurrent orig- 
inal jurisdiction with the circuit courts? In all actions 
for the recovery of money or personal property w T here 
the matter in controversy, exclusive of interest and costs, 
exceeds one hundred dollars and does not exceed two 
hundred dollars. 

When would the quarterly court have concurrent or- 
iginal j urisdiction with the magistrate's court ? When by 
consent of the defendants, in writing, or when one of 
them resides in the civil district which embraces the 
county seat, or when both of them are non-residents of 
the county. 



OF KENTUCKY. 171 

State briefly the design of this court ? To enable 
creditors to collect small amounts without delaying for 
the action of the circuit court. 

Who constitute the Court of Claims ? The Board of 
Magistrates together with the county judge. 

Who presides over this court? The county judge. 

For what purpose is this court held ? To fix the county 
levy and make the necessary appropriations to meet the 
expenses of the county, such as salaries of county offi- 
cials, appropriations for work done on the public roads, 
maintenance of paupers, &c. 

Magistrates' Courts: 

How is each county divided ? Into a number of mag- 
isterial districts. 

How many magistrates to each district ? Two. 

How often do they hold court ? Each one holds a 
court every three months. 

Jurisdiction in civil cases ? §100. 

Can juries be obtained in magistrates' courts? They 
can. 

How ? From among the by-standers. 

How many form a magistrate's jury? Six. 

What of the record in such courts? Each justice 
keeps his own record. 

General duties of a magistrate ? They are numerous 
and important, and our magistrates should be our wisest 
and best men ; they compose the county levy court, have 
charge of the finances, are conservators of the peace, 
may issue warrants of arrest, hold examining trials, cite 
criminals to further trial, &c. 



172 CIVIL GOVERNMENT 

Compensation ? Their fees ; these are few and insig- 
nificant, and provision should be made for their better 
payment. 

How are vacancies filled ? By appointments made by 
the Governor. 

Who is the ministerial officer of the magistrate's court ? 
The constable. 

What of his bond ? He is required to give bond with 
approved security before the county court for the faith- 
ful discharge of his duty. 

What processes may a constable execute? Bench 
warrants, warrants of arrest, distress or other warrants, 
summons, subpoenas, attachments of all kinds, notices, 
rules and orders of court in all criminal, penal and civil 
cases, and shall make due returns of same to the courts 
or persons issuing them. 

Compensation ? His fees. 

Franklin Circuit Court: 

What of the jurisdiction of this court? It shall have 
jurisdiction in behalf of the Commonwealth, of all 
causes, suits and motions against clerks of courts, col- 
lectors of public money, and all public debtors and de- 
faulters of any denomination, and others claiming under 
them; and for this purpose its jurisdiction shall be co- 
extensive with the State. 

When does the judge of the Franklin Circuit Court 
hold a special term for the trial of actions and motions 
in favor of the Commonwealth ? Beginning on the 
third Monday in June each year. 



OF KENTUCKY. 173 

How long does it continue in session ? Twelve days, 
or, if the business requires it, longer. 

Could such cases be tried at a regular term of the 
Franklin Circuit Court? They could. 

Special Courts: 

Name the courts established by special acts of the 
Legislature ? Court of common pleas, criminal courts, 
and chancery courts. 

What is the object in establishing these courts? To 
facilitate litigation. 

What courts do they closely resemble ? The circuit 
courts. 

What are the qualifications of the judges? Same 
as for circuit judge. 

Salary ? Generally same as circuit judge. 

CHAPTER XIX. 
OTHER COUNTY OFFICERS. 

What other county officers besides county judge, clerk 
and attorney? Sheriff, assessor, jailer, superintendent 
common schools, surveyor and coroner. 

When are sheriffs elected ? On the first Monday in 
August in the even years. 

Is he required to give bond? He is required to give a 
heavy bond. 

When does he enter upon the duties of his office ? On 
the first of January next following his election. 

How many successive terms may a sheriff hold? Two; 
he is then ineligible for two years. 

Enumerate his principal duties? To attend the cir- 



174 CIVIL GOVERNMENT 

cuit, county, and quarterly courts and court of claims 
held in his county, and keep order in them ; to execute 
those condemned to be hung ; to convey convicts to the 
penitentiary ; to collect county and State taxes and pay 
same over to proper authority ; to maintain the peace 
and make arrests ; to execute all civil and criminal pro- 
cesses, notices, rules of court and similar papers placed 
in his hands. 

What of deputies ? He may appoint deputies having 
same power as himself. 

Compensation? His fees. 



How often is the assessor elected ? Every four years. 

How are his assistants chosen ? By himself. 

What are the duties of the assessor and his deputies ? 
To list and fix a full and fair value on all the property in 
the county subject to taxation. He is also a kind of 
census officer and takes a list of the legal voters, the en- 
rolled militia, children of school age, deaths, births, 
marriages, etc. 

In case persons should fail or refuse to give a list to 
the assessor, what is his duty respecting such ? To re- 
port them to the county clerk. 

Compensation of assessor ? A certain rate per cent 
on all lists. 

Board of Supervisors : 

Of whom is this board composed ? Of three discreet 
taxpayers appointed by the county judge to revise the 
tax lists as reported by the assessor. 



OF KENTUCKY. 175 

Jailer : 

Term of office ? Four years. 

Duties ? To receive and keep all persons placed in 
jail, and to furnish them with food and lodging and treat 
them humanely. 

Should a person die in jail what is done with the 
corpse ? It is delivered by the jailer to friends or buried 
decently by him at the expense of the county. 

Besides keeping the jail what other duties has he ? He 
is the janitor of the court house, and often acts as a 
ministerial officer to the courts. 

Is he required to give bond ? He is. 

His compensation ? His fees. 

Superintendent Common Schools : 

Term of office? Four years. 

Eligibility? He must be a citizen of the United 
States, twenty-one years of age, two years a resident of 
the State, and one year next preceding his election a 
resident of the county, and he must have a certificate of 
qualification from the State Board of Examiners. 

Is he required to give bond ? He is. 

His duties ? To have general supervision over all the 
public schools in his county ; to report to the State Su- 
perintendent the census of each school district in his 
county ; to draw and collect the public money and pay 
the same to the teachers ; to appoint two examiners ; to 
grant certificates of qualification to teachers ; to establish, 
change or abolish districts; to visit the schools; to con- 
demn school houses ; to make an annual report to the 
Superintendent of Public Instruction, and to make an 



176 CIVIL GOVERNMENT 

annual settlement with the county judge. He is also 
required by law to procure suitable aid and hold, once a 
year, an institute for the benefit of the teachers of his 
county. 

Are all teachers of public schools required by law to 
attend this Institute ? They are. 

His compensation? An annual allowance by the 
court of claims, to be paid out of the county levy. 

County Surveyor: 

When is he elected ? Every four years. 

Is he under bond ? He is. 

His duties? To make all surveys ordered by the 
court, and make out and return a plat and certificate of 
the same. 

Compensation ? His fees. 

Coroner : 

Term of office ? Four years. 

His duties ? To hold inquests over bodies of persons 
murdered, drowned or otherwise killed suddenly, and as- 
certain, as nearly as possible, the exact cause and man- 
ner of the death of such persons. 

How is this done ? By a jury. 

Of how many does the coroner's jury consist? Six 
men. 

What is done with the body over which the inquest 
is held? It is delivered to friends or buried at the ex- 
pense .of the county. 

What of his ministerial power ? It is the same as that 
of the sheriff, and should the sheriff commit a crime the 
coroner has power to arrest him for trial. 



OF KENTUCKY. 177 

Compensation ? His fees. 

How are vacancies in the offices of county clerk, 
county attorney, sheriff, jailer, assessor, superintendent 
of schools, surveyor and coroner filled ? By appoint- 
ments made by the county judge. 

How long would such appointees serve ? Till the next 
regular election. 

CHAPTER XX. 
CRIMES AND PUNISHMENTS. 

What are crimes ? Offenses against, or violations of, 
the law. 

Into what two classes are crimes divided ? Crimes are 
divided according to their enormity into felonies and 
misdemeanors. 

What crimes are denominated felonies ? Those pun- 
ishable with death or confinement in the penitentiary. 

What crimes are denominated misdemeanors ? Those 
punishable by confinement in the county jail, or by fines. 

Enumerate some of the principal felonies ? Murder, 
treason, voluntary manslaughter, robbery and burglary, 
maiming, arson, perjury, grand larceny, embezzlement, 
forgery, counterfeiting, &c, &c. 

What is the penalty for willful murder ? Death or 
confinement in the penitentiary for life, in the discretion 
of the jury. 

Penalty for treason? Death or confinement in the 
penitentiary, from ten to twenty years, at the discretion 
of the jury. 

What is voluntary manslaughter? Killing a person 
in the heat of passion. 



178 CIVIL GOVERNMENT 

What is the penalty? Confinement from two to 
twenty-one years. 

"What is burglary? The unlawful breaking into a 
house. 

What is the penalty for robbery and burglary ? Con- 
finement in the penitentiary from two to ten years. 

What is maiming ? Unlawfully putting out an eye, 
cutting, biting off or slitting the tongue, nose, ear or lip, 
or cutting or biting off any other limb or member of an- 
other person. 

Penalty for maiming ? Confinement from one to five 
years. 

What is arson ? The unlawful or malicious burning 
or firing of a building or other property. 

Penalty ? Confinement from five to twenty-one years, 
according to the nature of the case and the discretion of 
the jury. 

What is perjury ? False swearing. 

Penalty ? Confinement from one to five years, unless 
a different punishment is prescribed by law. 

What is larceny ? Stealing. 

What two kinds of larceny ? Grand and petit lar- 
ceny. 

What is grand larceny ? The stealing of money or 
goods to the extent of ten dollars or over. 

What is petit larceny? Theft of anything of less 
than ten dollars in value. 

When was the amount distinguishing grand and petit 
larceny raised from four to ten dollars? In 1876. 



OF KENTUCKY. 179 

Penalty for grand larceny ? Confinement in the pen- 
itentiary from one to five years. 

What is embezzlement ? The fraudulently converting 
to one's own use the money or other effects of corpora- 
tions or individuals with which he is entrusted. 

Penalty ? Confinement from one to ten years. 

What is the punishment for counterfeiting ? Confine- 
ment in the penitentiary from five to fifteen years. 

For forgery? Confinement from two to fifteen years. 

Enumerate some of the principal misdemeanors? 
Petit larceny, carrying concealed deadly weapons, breach 
of the peace, selling liquor without license, Sabbath- 
breaking, &c. 

What is the penalty for misdemeanors? Imprison- 
ment in county jail, or fines, or both. 

CHAPTER XXI. 
ELECTIONS AND ELECTION RETURNS. 

What two general elections have we in Kentucky? 
The August election and the November election. 

When is the August election held ? On the first Mon- 
day in August. 

When is the November election held ? On the first 
Tuesday after the first Monday in November. 

What officers are elected at the August election ? All 
State, district and county officers, except the members 
of the State Board of Equalization. 

What officers are chosen at the November election ? 

Electors for President and Vice-President, Congress- 
men and members of the State Board of Equalization. 



180 CIVIL GOVERNMENT 

How is each county divided? Into a number of 
election districts, each of which contains one or more 
voting places called precincts. 

How are elections conducted at the polls or voting 
places ? By election officers appointed for the pur- 
pose. 

How many officers are appointed to act at each poll ? 
Two judges and a clerk appointed by the county court, 
and a sheriff appointed by the county sheriff. 

For how long are they appointed ? For one year. 

What is their compensation ? Two dollars per day, 
and the sheriff gets in addition eight cents per mile for 
each mile of the distance from the precinct to the 
county seat traveled in delivering the poll books. 

Between what hours must elections be held ? Between 
6 a. M. and 7 p. m. 

Are the officers under oath ? They are. 

How is voting done ? Viva voce except for Congress- 
man, which is done by ballot. 

Who compose the county board to examine the poll 
books? The county judge, county clerk and sheriff, or 
any two of them. 

How soon after election days must the poll-books be 
returned to the county clerk ? Within two days. 

When are the poll-books compared? On the third 
day after the election, between the hours of ten and 
twelve o'clock. 

In the election of county officers, and magistrates, and 
constables how many certificates are made out? Three. 

What is done with them ? One is delivered to the 



OF KENTUCKY. 181 

party elected, another is sent to the Secretary of State, 
and the third is retained by the county clerk. 

In the election of Representatives and State Senators 
how many certificates are made out ? At least two. 

What is done with these ? One is retained in the 
clerk's office and one is given to the person elected, if 
the district is composed of but one county; but if the 
district is composed of more than one county, one cer- 
tificate is retained by each county clerk and one given 
to the sheriff of each county. 

Where two or more counties vote together for a Rep- 
resentative or Senator, who constitutes the Board of Ex- 
aminers? The sheriffs of the different counties. 

When do they meet to compare the vote ? Between 
ten and twelve o'clock on the morning of the first Mon- 
day after the election ? 

Where? At the county clerk's office of the county 
first named in the district. 

How many certificates of election do they make out 
and sign ? Three. 

What is done with them ? One is retained in the said 
clerk's office, one is delivered to the person elected, and 
the third is sent to the Secretary of State. 

In the election of all other officers how many certifi- 
cates does each county board make out ? Three. 

What is done with these? One is retained in the 
clerk's office, one is sent by the clerk by mail, and an- 
other by private conveyance, to the Secretary of State at 
the seat of government. 

Who constitutes the State board for examining the re- 



1S2 CIVIL GOVERNMENT 

turns of elections? The Governor, Attorney General, 
Secretary of State, and in the absence of either, the 
Auditor and any two of them. 

When does this State board meet? On the fourth 
Monday after the election. 

How many certificates do they make out ? Two, ex- 
cept for Congressman. 

What is done with them? One is retained by the Secre- 
tary of State and the other is sent by mail to the person 
elected? 

In election of Congressmen how many certificates are 
made out ? Three. 

What is done with these? One is retained by the 
Secretary of State, another is sent by mail to the person 
elected, and the third is sent by mail to the clerk of the 
last House of Representatives, at Washington, D. C. 

What is the duty of the Secretary of State with re- 
gard to election returns ? He shall publish the same in 
at least two newspapers of the State. 

What of the certificate of the election of a United 
States Senator ? It must be certified by the Governor 
under the seal of the State and countersigned by the 
Secretary of State, and then forwarded by mail to the 
President of the Senate, Washington, D. C. 



1*0 Municipal Qovepnment. 

CITY OF LOUISVILLE. 

(The following is an outline of the government of Louisville which 
may be taken as a fair sample of city government in general.) 

By what authority is city government established? 
That of the Legislature. 

How many departments in the government of Louis- 
ville ? It is similar to the general government, and has 
three departments, viz, Legislative, Executive, and Ju- 
dicial. 

In what is the Legislative power vested ? In a Board 
of Common Councilmen and a Board of Aldermen, 
which together are styled " the General Council of the 
city of Louisville." 

Eligibility of a Councilman ? He must be a citizen of 
the United States, twenty-four years of age (an Alder- 
man must be thirty years of age), and must have resided 
one year in the city of Louisville, and five years in 
the county of Jefferson next preceding his election, and 
he must be a bona-fide resident of the ward from which 
he is chosen. 

Can he hold any other office or agency under the city, 
county, State, or United States Government, or any for- 
eign government? He can not; neither must he be 
connected in any way with any corporation, contract, or 
enterprise, the emoluments of which are calculated to 
influence him as a member. 

How are members chosen? By the qualified voters. 



184 CIVIL GOVERNMENT 

Into how many wards is the city divided ? Twelve. 

How many members are chosen from each ward? 
Two common Councilmen and one Alderman. 

Term of office ? Alderman tw T o years, Councilman one 
year. 

How are Aldermen divided? So that the term of 
office of one-half of them expires every year. (By this 
method each ward elects two Councilmen every year, 
and an Alderman every second year). 

Do the two boards meet in the same room ? They do 
not, but may hold joint sessions. 

Exclusive privileges of each board? To judge of its 
own election returns, choose its own officers, appoint its 
own committees, keep its own journal, try and expel its 
own members, make its own standing rules, &c. 

Officers of each board? President, Clerk, Sergeant- 
at-Arms and a Doorkeeper. 

Duties of these officers? Such as are prescribed by 
law. (They are too numerous to be inserted here). 

Powers and duties of the General Council? To make 
and enforce all ordinances necessary for the government 
and regulation of the city ; such as to levy and appor- 
tion taxes, to create and maintain a police force, a fire 
department, a board of health ; to furnish the city with 
w^ater, light, and sewerage ; to lay out, make and repair 
streets; to provide and maintain suitable public build- 
ings for the various wants of the city, and to elect all 
municipal officers necessary to execute the ordinances 
relative to the general welfare of the city, except such 
as are, by law, chosen by the people at the general elec- 
tion for city officers. 

In joint sessions who presides ? The President of the 
Board of Aldermen. 

How is voting done ? Viva voce. 

Where must all questions for raising revenue origin- 
ate ? In the Board of Common Councilmen. 



OF KENTUCKY. 185 



EXECUTIVE DEPARTMENT, 



In whom is the Executive pow^r vested? In a Mayor. 

Eligibility of Mayor ? Same as for Alderman. 

Term of office ? Three years. 

His duties and business ? He is the head of the po- 
lice force, and has power to direct and control them and 
to summon any number of citizens to act as special po- 
lice, and if necessary he shall command in person ; it is 
also his duty to give information, in writing, to the Gen- 
eral Council of the condition of the affairs of the city, 
and to make suggestions concerning necessary legisla- 
tion ; to approve or disapprove all ordinances passed by 
General Council ; to exercise a general supervision over 
all executive and ministerial officers of the city ; to com- 
mission all officers, and to see that all the ordinances of 
the city are faithfully carried out. 

Salary of Mayor? $5,000 per year. 

JUDICIAL DEPARTMENT. 

In what is the Judicial power vested ? In the City 
Court of Louisville. 

Officers of said court ? Judge, Clerk, Marshal, Pros- 
ecuting Attorney, and Reporter. 

Jurisdiction? It shall have original and exclusive 
jurisdiction over all unindictable misdemeanors com- 
mitted within the city; it has power to arrest and hold 
examining trials of persons charged with felony ; to try 
all complaints for breaches of the peace and city ordin- 
ances, and violations of the penal laws of the Common- 
wealth. The judge of said court is a general conserva- 
tor of the peace within the city, and shall hold court 
every day except Sunday. 



Districts. 

SENATORIAL DISTRICTS OF KENTUCKY. 
DISTRICTS. 

7. Daviess, McLean. 

8. Muhlenberg, Ohio, Butler. 

10. Breckinridge, Hancock, Edmonson, Grayson. 

12. Hardin, Meade, Bullitt. 

13. Hart, Larue, Greene. 

14. Spencer, Nelson, Shelby. 

15. Marion, Washington, Taylor. 

16. Clinton, Cumberland, Adair, Russell, Wayne. 
18. Lincoln, Boyd, Garrard, Casey. 

20. Anderson, Franklin, Mercer. 

21. Henry, Oldham, Trimble, Carroll. 

23. Gallatin, Boone, Owen. 

24. Kenton. 

25. Campbell. 

27. Fayette. 

28. Bourbon, Clark, Montgomery. 

29. Madison, Estill, Rockcastle. 

31. Mason, Lewis. 

32. Boyd, Greenup, Lawrence, Elliott. 

The above districts elect Senators in the years divis- 
ible by four with one remainder. 



OF KENTUCKY. 137 

senatorial districts — Continued. 

DISTRICTS. 

1. Hickman, Fulton, Graves. 

2. McCracken, Ballard, Marshall. 

3. Lyon, Livingston, Calloway, Trigg. 

4. Caldwell, Crittenden, Webster. 

5. Henderson, Union. 

6. Christian, Hopkins. 

9. Logan, Simpson, Todd. 
11. Warren, Allen. 

17. Laurel, Pulaski, Whitley, Bell, Knox, Jackson. 
19. Barren, Metcalfe, Monroe. 
22. Woodford, Scott, Jessamine. 
26. Bracken, Pendleton, Grant. 
30. Nicholas, Harrison, Robertson. 

33. Perry, Letcher, Clay, Harlan, Floyd, Pike, 
Martin. 

34. Magoffin, Breathitt, Johnson, Menifee, Morgan, 
Wolf, Owsley, Powell, Lee. 

35. Rowan, Bath, Fleming, Carter. 

36. Jefferson county and 1st and 2ond wards of Lou- 
isville. 

37. 3rd, 4th, 5th, 6th, and 7th wards of Louisville. 

38. 8th, 9th, 10th, 11th, and 12th wards of Louisville. 
The above districts elect Senators in the years divis- 
ible by four with three remainder. 

APPELLATE DISTRICTS OF KENTUCKY. 
FIRST DISTRICT. 

Bath, Bell, Boyd, Bracken, Breathitt, Bourbon, Car- 
ter, Clark, Clay, Elliott, Estill, Fleming, Floyd, Green- 



188 CIVIL GOVERNMENT 

up, Harlan, Johnson, Jackson, Knott, Knox, Laurel, 
Leslie, Letcher, Lee, Lewis, Lawrence, Madison, Mont- 
gomery, Mason, Morgan, Magoffin, Martin, Menifee, 
Nicholas, Owsley, Powell, Perry, Pike, Robertson, Rock- 
castle, Rowan, Wolf. 

SECOND DISTRICT. 

Anderson, Boone, Boyle, Campbell, Carroll, Casey, 
Clinton, Fayette, Franklin, Gallatin, Garrard, Grant, 
Harrison, Henry, Jessamine, Kenton, Lincoln, Mercer, 
Owen, Pendleton, Pulaski, Russell, Scott, Trimble, 
Wayne, Whitley, Woodford. 

THIRD DISTRICT. 

Adair, Allen, Barren, Breckinridge, Bullitt, Cumber- 
land, Green, Hardin, Hart, Jefferson, Larue, Marion, 
Meade, Metcalfe, Monroe, Nelson, Oldham, Shelby, 
Spencer, Taylor, Washington. 

FOURTH DISTRICT. 

Ballard, Butler, Caldwell, Calloway, Carlisle, Chris- 
tian, Crittenden, Daviess, Edmonson, Fulton, Grayson, 
Graves, Hancock, Henderson, Hickman, Hopkins, Liv- 
ingston, Logan, Lyon, Marshall, McCracken, McLean, 
Muhlenberg, Ohio, Simpson, Trigg, Todd, Union, War- 
ren, Webster. 

CIRCUIT COURT OR JUDICIAL DISTRICTS. 

First District* — Ballard, Calloway, Carlisle, Fulton, 
Graves, Hickman, Livingston, Marshall, McCracken. 
Second District. — Caldwell, Christian, Hopkins, Lyon, 

Muhlenberg, Trigg. 



OF KENTUCKY. 18fr 

Third District. — Crittenden, Henderson, Union, Web- 
ster. 

Fourth District. — Daviess, Hancock, McLean, Ohio. 

Fifth District. — Butler, Logan, Simpson, Todd, War- 
ren. 

Sixth District. — Breckinridge, Edmonson, Grayson, 
Hardin, Meade. 

Seventh District. — Adair, Allen, Barren, Clinton,, 
Cumberland, Green, Hart, Metcalfe, Monroe. 

Eighth District. — Boyle, Casey, Garrard, Lincoln, Pu- 
laski, Rockcastle, Russell, Wayne. 

Ninth District. — Jefferson. 

Tenth District. — Bourbon, Clark, Fayette, Jessamine, 
Madison, Scott, Woodford. 

Eleventh District. — Boone, Carroll, Franklin, Galla- 
tin, Grant, Owen. 

Twelfth District, — Bracken, Campbell, Harrison, Ken- 
ton, Pendleton, Robertson. 

Thirteenth District. — Bath, Elliott, Magoffin, Menifee, 
Montgomery, Morgan. 

Fourteenth District. — Fleming, Greenup, Lewis, Ma- 
son, Nicholas, Rowan. 

Fifteenth District. — Bell, Harlan, Jackson, Knox, 
Laurel, Leslie, Owsley, Whitley. 

Sixteenth District. — Boyd, Carter, Floyd, Johnson, 
Lawrence, Martin, Pike. 

Seventeenth District.— Anderson, Bullitt, Henry, Old- 
ham, Shelby, Spencer, Trimble. 

Eighteenth District. — Larue, Marion, Mercer, Nelson^ 
Taylor, Washington. 



190 CIVIL GOVERNMENT 

Nineteenth District. — Breathitt, Clay, Estill, Knott, 
Lee, Letcher, Perry, Powell, Wolf. 

CONGRESSIONAL DISTRICTS OF KENTUCKY. 

First District. — Composed of the counties of Ballard, 
Caldwell, Carlisle, Calloway, Crittenden, Fulton, 
Graves, Hickman, Livingston, Lyon, McCracken, Mar- 
shall and Trigg. 

Second District. — Counties of Christian, Daviess, 
Hancock, Henderson, Hopkins, McLean, Union and 
Webster. 

Third District. — Counties of Allen, Butler, Clinton, 
Cumberland, Edmonson, Logan, Monroe, Muhlenberg, 
Simpson, Todd and Warren. 

Fourth District. — Counties of Breckinridge, Bullitt, 
Grayson, Hardin, Larue, Marion, Meade, Nelson, hio 
and Washington. 

Fifth District. — County of Jefferson. 

Sixth District. — Counties of Boone, Campbell, Car- 
roll, Gallatin, Grant, Kenton, Pendleton and Trimble. 

Seventh District. — Counties of Bourbon, Fayette, 
Franklin, Harrison, Henry, Oldham, Owen, Scott and 
Woodford. 

Eighth District. — Counties of Anderson, Boyle, Gar- 
rard, Jackson, Jessamine, Laurel, Lincoln, Madison, 
Mercer, Owsley, Rockcastle, Shelby and Spencer. 

Ninth District. — Counties of Bath, Boyd, Bracken, 
Carter, Fleming, Greenup, Johnson, Lawrence, Lewis, 
Martin, Mason, Nicholas, Robertson and Rowan. 

Tenth District. — Counties of Bell, Breathitt, Clark, 



OF KENTUCKY. 191 

Clay, Elliott, Estill, Floyd, Harlan, Knott, Knox, Lee, 
Leslie, Letcher, Magoffin, Menifee, Montgomery, Mor- 
gan, Perry, Pike, Powell and Wolf. 

Eleventh District. — Counties of Adair, Barren, Casey, 
Green, Hart, Metcalfe, Pulaski, Russell, Taylor, Wayne 
and Whitley. 



Constitution 

OF THE 

STATE OF KENTUCKY. 

PREAMABLE. 

We, the representatives of the people of the State of Ken- 
tucky, in Convention assembled, to secure to all the citizens 
thereof the enjoyment of the rights of life, liberty, and prop- 
erty and of pursuing happiness, do ordain and establish this 
Constitution for its government. 

ARTICLE FIRST. 

Concerning the Distribution of the Powers of Government. 

Section i. The powers of the Government of the State of 
Kentucky shall be divided into three distinct departments, 
and each of them be confided to a separate body of magis- 
tracy, to-wit : those which are Legislative to one ; those which 
are Executive to another ; and those which are Judiciary to 
another. 

Sec. 2. No person or collection of persons, being of one of 
those departments shall exercise any power properly belong- 
ing to either of the others, except in the instances hereinafter 
expressly directed or permitted. 



192 CIVIL GOVERNMENT 

ARTICLE SECOND. 
Concerning the Legislative Department. 

Section i. The Legislative power shall be vested in a 
House of Representatives and Senate, which, together, shall 
be styled the General Assembly of the Commonwealth of Ken- 
tucky. 

Sec. 2. The members of the House of Representatives 
shall continue in service for the term of two years from the 
day of the general election, and no longer. 

Sec. 3. Representatives shall be chosen on the first Mon- 
day in August, in every second year ; and the mode of hold- 
ing the elections shall be regulated by law. 

Sec 4. No person shall be a Representative, who at the 
time of his election, is not a citizen of the United States, has 
not attained the age of twenty-four years, and who has not 
resided in this State two years next preceding his election and 
the last year thereof in the county, town or city for which he 
may be chosen. 

Sec. 5. The General Assembly shall divide each county in 
this Commonwealth into convenient election precincts, or may 
delegate power to do so to such county authorities as may be 
designated by law ; and elections for Representatives for the 
several counties shall be held at their respective courts, and in 
the several election precincts into which the counties may be 
divided : Provided, That when it shall appear to the General 
Assembly that any city or town hath a number of qualified 
voters equal to the ratio then fixed, such city or town shall be 
invested with the privilege of a separate representation, in 
either or both houses of the General Assembly, which shall be 
retained so long as such city or town shall contain a number 
of qualified voters equal to the ratio which may from time to 
be fixed by law ; and thereafter, elections for the county in 
which said city or town is situated shall not be held therein ; 
but such city or town shall not be entitled to a separate repre- 



OF KENTUCKY. 193 

sentation unless such county, after the separation, shall also 
be entitled to one or more representatives. That whenever a 
city or town shall be entitled to a separate representation in 
either house of the General Assembly, and by its numbers 
shall be entitled to more than one Representative, such city or 
town shall be divided by squares which are contiguous, so as 
to make the most compact form, into Representative Districts, 
as nearly equal as may be, equal to the number of Represen- 
tatives to which said city or town shall be entitled ; and one 
Representative shall be elected from each district. In like 
manner shall said city or town be divided into Senatorial Dis- 
tricts, when, by the apportionment, more than one Senator 
shall be allotted to such city or town ; and a Senator shall be 
elected from each Senatorial District ; but no ward or munici- 
pal division shall be divided by such division of Senatorial or 
Representative Districts, unless it be necessary to equalize the 
Elective, Senatorial or Representative Districts. 

Sec. 6. Representation shall be equal and uniform in this 
Commonwealth, and 6hall be forever regulated and ascer- 
tained by the number of qualified voters therein. In the year 
1850, again in the year 1857, and every eighth year thereafter 
an enumeration of all the qualified voters of the State shall be 
made ; and to secure uniformity and equality of representation 
the State is laid off into ten districts. The first district shall 
be composed of the the counties of Fulton, Hickman, Ballard, 
McCraken. Graves, Calloway, Marshall, Livingston, Critten- 
den, Union, Hopkins, Caldwell and Trigg. The second dis- 
trict shall be composed of the counties of Christian, Muhlen- 
berg, Henderson, Daviess, Hancock, Ohio, Breckinridge 
Meade, Grayson, Butler and Edmonson. The third district 
shall be composed of the counties of Todd, Logan, Simpson, 
Warren, Allen, Monroe, Barren and Hart. The fourth district 
shall be composed of the counties of Cumberland, Adair, 
Green, Taylor, Clinton, Russell, Wayne. Pulaski, Casey, Boyle 
and Lincoln. The fifth district shall be composed of the coun- 



194 CIVIL GOVERNMENT 

ties of Hardin, Larue, Bullitt, Spencer, Nelson, Washington, 
Marion, Mercer and Anderson. The Sixth district shall be 
composed of the counties of Garrard, Madison, Estill, Owsley, 
Rockcastle, Laurel, Clay, Whitley, Knox, Harlan, Perry,. 
Letcher, Pike, Floyd and Johnson. The Seventh district shall 
be composed of the counties of Jefferson, Oldham, Trimble, 
Carrol], Henry and Shelby and the city of Louisville. The 
eighth district shall be composed of the counties of Bourbon, 
Fayette, Scott, Owen, Franklin, Woodford, and Jessamine. 
The ninth district shall be composed of the counties of Clark, 
Bath, Montgomery, Fleming, Lewis, Greenup, Carter, Law- 
rence, Morgan, and Breathitt. The tenth district shall be 
composed of the counties of Mason, Bracken, Nicholas, Har- 
rison, Pendleton, Campbell, Grant, Kenton, Boone, and Galla- 
tin. The number of Representatives shall, at the several 
sessions of the General Assembly next after the making of 
the enumerations, be apportioned among the ten several 
districts, according to the number of qualified voters in each; 
and the Representatives shall be apportioned, as near as may 
be, among the counties, towns, and cities in each district; and 
in making such apportionment the following shall govern, to- 
wit : Every county, town, or city having the ratio shall have 
one Representative ; if double the ratio, two Representatives, 
and so on. Next, the counties, towns, or cities, having one or 
more Representatives, and the largest number of qualified 
voters above the ratio, and counties having the largest number 
under the ratio, shall have a Representative, regard being al- 
ways had to the greatest number of qualified voters : Pro- 
vided, That when a county may not have a sufficient number 
of qualified voters to entitle it to one Representative, then 
such county may be joined to some adjacent county or coun- 
ties, which counties shall send one Representative. When a 
a new county shall be formed of territory belonging to more 
than one district, it shall form a part of that district having the 
least number of qualified voters. 



OF KENTUCKY. 195 

Sec. 7, The House of Representatives shall choose its 
Speaker and other officers. 

Sec. 8. Every free white male citizen of the age of twenty- 
one years, who has resided in the State two years, or in the 
county, town, or city in which he offers to vote, one year next 
preceding the election, shall be a voter ; but such voter shall 
have been, for sixty days next preceding the election, a resi- 
dent of the precinct in which he offers to vote, and he shall 
vote in said precinct, and not elsewhere. 

Sec. 9. Voters in all cases except treason, felony, breach or 
surety of the peace, shall be privileged from arrest during 
their attendance at, going to, and returning from elections. 

Sec. 10. Senators shall be chosen for the term of four 
years, and the Senate shall have power to choose its officers 
biennially. 

Sec 11. Senators and Representatives shall be elected un- 
der the first apportionment after the adoption of this Consti- 
tution, in the year 1851. 

Sec. 12. At the session of the General Assembly next after 
the first apportionment under this Constitution, the Senators 
shall be divided by lot, as equally as may be, into two classes; 
the seats of the first class shall be vacated at the end of two 
years from the day of the election, and those of the second 
class at the end of four years, so that one-half shall be chosen 
every two years. 

Sec 13. The number of Representatives shall be one hun- 
dred, and the number of Senators thirty-eight. 

Sec 14. At every apportionment of representation the 
State shall be laid off into thirty-eight Senatorial Districts, 
which shall be so formed as to contain, as near as may be, an 
equal number of qualified voters, and so that no county shall 
be divided in the formation of a Senatorial District, except 
such county shall be entitled, under the enumeration, to two 
or more Senators ; and where two or more counties compose a 
district, they shall be adjoining. 



196 CIVIL GOVERNMENT 

Sec. 15. One Senator for each district shall be elected by 
the qualified voters therein, who shall vote in the precincts 
where they reside, at the places where elections by law are di- 
rected to be held. 

Sec. 16. No person shall be a Senator who, at the time of 
his election, is not a citizen of the United States, has not at- 
tained the age of thirty years, and who has not resided in this 
State six years next preceeding his election, and the last year 
thereof in the district for which he may be chosen. 

Sec. 17. The election of Senators next after the first appor- 
tionment under this Constitution, shall be general throughout 
the State, and at the same time that the election for Repre- 
sentatives is held, and thereafter there shall be a biennial elec- 
tion for Senators to fill the places of those whose term of 
service may have expired. 

Sec. 18. The General Assembly shall convene on the first 
Monday in November after the adoption of this Constitution, 
and again on the first Monday in November, 1851, and on the 
same day of every second year thereafter, unless a different 
day be appointed by law, and their sessions shall be held at 
the seat of government. 

Sec. 19. Not less than a majority of the members of each 
house of the General Assembly shall constitute a quorum to 
do business ; but a smaller number may adjourn from day to 
day, and shall be authorized by law to compel the attendance 
of absent members in such manner and under such penalties 
as may be prescribed thereby. 

Sec. 20. Each house of the General Assembly shall judge 
of the qualifications, elections, and returns of its members-; 
but a contested election shall be determined in such manner 
as shall be directed by law. 

Sec. 21. Each house of the General Assembly may deter- 
mine the rules of its proceedings, punish a member for disor- 
derly behavior, and, with the concurrence of two-thirds, expel 
a member; but not a second time for the same cause. 



OF KENTUCKY. 197 

Sec. 22. Each house of the General Assembly shall keep 
and publish, weekly, a journal of its proceedings ; and the 
yeas and nays of the members on any question shall, at the 
desire of any two of them, be entered on the journal. 

Sec. 23. Neither house, during the session of the General 
Assembly, shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in which 
they may be sitting. 

Sec. 24. The members of the General Assembly shall sev- 
erally receive from the public treasury a compensation for their 
services, which shall be three dollars a day during their at- 
tendance on, and twelve and a half cents per mile for the 
necessary travel in going to, and returning from, tha sessions 
to their respective houses : Provided, That the same may be 
increased or diminished by law ; but no alteration shall take 
effect during the session at which such alteration shall be 
made ; nor shall a session of the General Assembly continue 
beyond sixty days, except by a vote of two-thirds of all the 
members elected to each house; but this shall not apply, to the 
first session held under this Constitution. 

Sec. 25. The members of the General Assembly shall, in 
all cases except treason, felony, breach or surety of the peace, 
be privileged from arrest during their attendance at the ses- 
sions of their respective houses, and in going to, and returning 
from, the same ; and for any speech or debate in either house 
they shall not be questioned in any other place. 

Sec. 26. No Senator or Representative shall, during the 
term for which he was elected, nor for one year thereafter, be 
appointed or elected to any civil office of profit under th's 
Commonwealth, which shall have been erected, or the emol- 
uments of which shall have been increased, during the said 
term, except to such offices or appointments as may be filled 
by the election of the people. 

Sec. 27. No person, while he continues to exercise the 
functions of a clergyman, priest, or teacher of any religious 



198 CIVIL GOVERNMENT 

persuasion, society, or sect, nor while he holds or exercises 
any office of profit under this Commonwealth, or under the 
Government of the United States, shall be eligible to the Gen- 
eral Assembly, except attorneys at law, justices of the peace, 
and militia officers : Provided, That attorneys for the Com- 
monwealth, who receive a fixed annual salary, shall be ineli- 
gible. 

Sec. 28, No person who, at any time, may have been a col- 
lector of taxes or public moneys for the State, or the assist- 
ant or deputy of such collector, shall be eligible to the Gen- 
eral Assembly, unless he shall have obtained a quietus six 
months before the election, for the amount of such collection, 
and for alljDublic moneys for which he may have been respon- 
sible. 

Sec. 29. No bill shall have the force of a law until, on three 
several days, it be read over in each house of the General As- 
sembly, and free discussion allowed thereon, unless, in cases 
of urgency, four-fifths of the house where the bill shall be de- 
pending, may deem it expedient to dispense with this rule. 

Sec. 30. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose 
amendments, as in other bills : Provided, That they shall not 
introduce any new matter, under color of amendment, which 
does not relate to raising revenue.. 

Sec. 31. The General Assembly shall regulate, by law, by 
whom and in what manner writs of election shall be issued to 
fill the vacancies which may happen in either branch thereof. 

Sec. 32. The General Assembly shall have no power to 
grant divorces, to change the names of individuals, or direct 
the sales of estates belonging to infants, or other persons la- 
boring under legal disabilities, by special legislation ; but by 
general laws shall confer such powers on the courts of justice 

Sec. 33. The credit of this Commonwealth shall never be* 
given or loaned in aid of any person, association, municipal- 
ity, or corporation. 



OF KENTUCKY. 199 

Sec 34. The General Assembly shall have no power to 
pass laws to diminish the resources of the Sinking Fund, as 
now established by law, until the debt of the State be paid, 
but may pass laws to increase them ; and the whole resources 
of said fund, from year to year, shall be sacredly set apart and 
applied to the payment of the interest and principal of the 
State debt, and to no other use or purpose, until the whole 
debt of the State is fully paid and satisfied. 

Sec. 35. The General Assembly may contract debts to meet 
causal deficits or failures in the revenue ; but such debts, di- 
rect or contingent, singly or in the aggregate, shall not at any 
time exceed five hundred thousand dollars ; and the moneys 
arising from loans creating such debts shall be applied to the 
purpose for which they were obtained, or to repay such debts: 
Provided, That the State may contract debts to repel invasion, 
suppress insurrection, or, if hostilities are threatened, provide 
for the public defense. 

Sec. 36. No act of the General Assembly shall authorize any 
debt to be contracted on behalf of the Commonwealth, ex- 
cept for the purposes mentioned in the thirty-fifth section of 
this article, unless provision be made therein to lay and collect 
an annual tax sufficient to pay the interest stipulated, and to 
discharge the debt within thirty years ; nor shall such acts take 
effect until it shall have been submitted to the people at a 
general election, and shall have received a majority of all the 
votes cast for and against it : Provided, That the General As- 
sembly may contract debts, by borrowing money to pay any 
part of the debt of the State, without submission to the peo- 
ple, and without making provision in the act authorizing the 
same for a tax to discharge the debt so contracted, or the in- 
terest thereon. 

Sec. 37. No law enacted by the General Assembly shall re- 
late to more than one subject, and that shall be expressed in 
the title. 

Sec. 38. The General Assembly shall not change any venue 



200 CIVIL GOVERNMENT 

or any penal or criminal prosecution, but shall provide for the 
same by general laws. 

Sec. 39. The General Assembly may pass laws authorizing 
writs of error in criminal or penal cases, and regulating the 
right of challenge of jurors therein. 

Sec. 40. The General Assembly shall have no power to 
pass any act or resolution, for the appropriation of any money, 
or the creation of any debt, exceeding the sum of one hundred 
dollars, at any one time, unless the same, on its final passage, 
shall be voted for by a majority of all the members then 
elected to each branch of the General Assembly, and the yeas 
and nays thereon entered on the journal. 

ARTICLE THIRD. 

Concerning the Executive Department. 

Sec. 1 The Supreme Executive power of the Common- 
wealth shall be vested in a Chief Magistrate, who shall be 
styled the Governor of the Commonwealth of Kentucky. 

Sec 2. The Governor shall be elected for the term of four 
years, by the qualified voters of the State, at the time when, 
and places where, they shall respectively vote for Representa- 
tives The person having the highest number of votes shall 
be Governor ; but if two or more shall be equal and highest in 
votes, the election shall be determined by lot in such manner 
as the General Assembly may direct. 

Sec. 3. The Governor shall be ineligible for the succeeding 
four years after the expiration of the term for which he shall 
have been elected. 

Sec 4. He shall be at least thirty-five years of age, and a 
citizen of the United States, and have been an inhabitant of 
this State at least six years next preceding his election. 

Sec. 5. He shall commence the execution of the duties of 
his office on the fifth Tuesday succeeding the day of the gen- 
eral election on which he shall have been chosen, and shall 
continue in the execution thereof until his successor shall 



OF KENTUCKY. 201 

have taken the oaths or affirmations prescribed by this Con- 
stitution. 

Sec. 6; No member of Congress, or person holding any of- 
fice under the United States, or minister of any religious so- 
ciety, shall be eligible to the office of Governor. 

Sec. 7. The Governor shall, at stated times, receive for his 
services a compensation, which shall neither be increased or 
diminished during the term for which he was elected. 

Sec. 8. He shall be commander-in-chief of the army and 
navy of this Commonwealth, and of the militia thereof, ex- 
cept when they shall be called into the service of the United 
States ; but he shall not command personally in the field, un- 
less advised so to do by a resolution of the General Assembly. 

Sec. 9. He shall have power to fill vacancies that may oc- 
cur, by granting commissions, which shall expire when such 
vacancies shall have been filled according to the provisions of 
this Constitution. 

Sec. 10. He shall have power to remit fines and forfeit- 
ures, grant reprieves and pardons, except in case of impeach- 
ment. In cases of treason, he shall have power to grant re- 
prieves, until the end of the next session of the General As- 
sembly, in which the power of pardoning shall be vested ; but 
he shall have no power to remit the fees of the Clerk, Sheriff, 
or Commonwealth's Attorney, in penal or criminal cases. 

Sec. 11. He may require information, in writing, from the 
officers in the executive department, upon any subject relating 
to the duties of their respective offices. 

Sec. 12. He shall, from time to time, give to the General 
Assembly information of the state of the Commonwealth, and 
recommend to their consideration such measures as he may 
deem expedient. 

Sec. 13. He may, on extraordinary occasions, convene the 
General Assembly at the seat of government, or at a differ- 
ent place if that should have become, since their last adjourn- 
ment, dangerous from an enemy, or from contagious disord- 



202 CIVIL GOVERNMENT 

ers ; and in case of disagreement between the two houses, 
with respect to the time of adjournment, he may adjourn them 
to such time as he shall think proper, not exceeding four 
months. 

Sec. 14. He shall take care that the laws be faithfully ex- 
ecuted. 

Sec. 15. A Lieutenant Governor shall be chosen at every 
regular election for Governor, in the same manner, to continue 
in office for the same time, and possessing the same qualifica- 
tions as the Governor. In voting for Governor and Lieutenant 
Governor, the electors shall state for whom they vote as Gov- 
ernor, and for whom as Lieutenant Governor. 

Sec. 16. He shall, by virtue of his office, be Speaker of the 
Senate, have a right, when in committee of the whole, to de- 
bate and vote on all subjects, and when the Senate are equally 
divided to give the casting vote. 

Sec. 17. Should the Governor be impeached, removed from 
office, die, refuse to qualify, resign, or be absent from the 
State, the Lieutenant Governor shall exercise all the power 
and authority appertaining to the office of Governor, until an- 
other be duly elected and qualified, or the Governor, absent 
or impeached, shall return or be aquitted. 

Sec. 18, Whenever the government shall be administered 
by the Lieutenant Governor, or he shall fail to attend as 
Speaker of the Senate, the Senators shall elect one of their own 
members as Speaker for that occasion And if, during the va. 
cancy of the office of Governor, the Lieutenant Governor 
shall be impeached, removed from office, refuse to qualify, re- 
sign, die, or be absent from the State, the Speaker of the Sen- 
ate shall, in like manner, administer the government : Pro- 
vided, That whenever a vacancy shall occur in the office of 
Governor, before the first two years of the term shall have ex- 
pired, a new election for Governor shall take place to fill such 
vacancy. 

Sec 19. The Lieutenant Governor, orSpeaker/>r<? tempore 



OF KENTUCKY. 203 

of the Senate, while he acts as Speaker of the Senate, shall 
receive for his services the same compensation which shall, 
for the same period, be allowed to the Speaker of the House 
of Representatives, and no more ; and during the time he ad- 
ministers the government as Governor, shall receive the same 
compensation which the Governor would have received had 
he been employed in the duties of his office. 

Sec. 20. If the Lieutenant Governor shall be called upon 
to administer the Government, and shall, while in such ad- 
ministration, resign, die, or be absent from the State during the 
recess of the General Assembly, it shall be the duty of the 
Secretary of State, for the time being, to convene the Senate 
for the purpose of choosing a Speaker. 

Sec. 21. The Governor shall nominate, and, by and with 
the advice and consent of the Senate, appoint a Secretary of 
State, who shall be commissioned during the term for which 
the Governor was elected, if he shall so long behave himself 
well. He shall keep a fair register, and attest all the official 
acts of the Governor, and shall, when required, lay the same 
and all papers, minutes, and vouchers, relative thereto, before 
either house of the General Assembly ; and shall perform such 
other duties as may be required of him by law. 

Sec. 22. Every bill which shall have passed both houses, 
shall be presented to the Governor. If he approve he shall 
sign it ; but if not, he shall return it, with his objections, to the 
house in which it originated, who shall enter the objections at 
large upon their journal, and proceed to reconsider it. If, after 
such reconsideration, a majority of all the members elected to 
that house, shall agree to pass the bill, it shall be sent, with 
the objections, to the other house, by which it shall likewise 
be considered, and if approved by a majority of all the mem- 
bers elected to that house, it shall be a law ; but in such cases 
the votes of both houses shall be determined by yeas and 
nays, and the names of the members voting for and against 
the bill shall be entered upon the journals of each house, re- 



204 CIVIL GOVERNMENT 

spectively. If any bill shall not be returned by the Governor 
within ten days (Sundays excepted) after it shall have been 
presented to him, it shall be a law, in like manner as if he had 
signed it, unless the General Assembly, by their adjournment, 
prevent its return ; in which case it shall be a law, unless sent 
back within three days after their next meeting. 

Sec. 23. Every order, resolution, or vote, in which the con- 
currence of both houses may be necessary, except on a ques- 
tion of adjournment, shall be presented to the Governor, and, 
before it shall take effect, be approved by him ; or, being dis- 
approved, shall be re-passed by a majority of all the members 
elected to both houses, according to the rules and limitations 
prescribed in case of a bill. 

Sec. 24. Contested elections for Governor and Lieutenant- 
Governor shall be determined by both houses of the General 
Assembly, according to such regulations as may be established 
by law. 

Sec. 25. A Treasurer shall be elected by the qualified vot- 
ers of the State, for the term of two years, and an Auditor of 
Public Accounts, Register of the Land Office, and Attorney 
General, for the term of four years. The duties and respon- 
sibilities of these officers shall be prescribed by law : Pro- 
vided y That inferior State officers, not specially provided for in 
this Constitution, may be appointed or elected in such manner 
as shall be prescribed by law, for a term not exceeding four 
years. 

Sec. 26. The first election under this Constitution for Gov- 
ernor, Lieutenant Governor, Treasurer. Auditor of Public Ac- 
counts, Register of the Land Office, and Attorney General, 
shall be held on the first Monday in August, in the year 1851. 

ARTICLE FOURTH. 

Concerning the Judicial Department. 

Sec. 1. The judicial power of this Commonwealth, both as 
to matters of law and equity, shall be vested in one Supreme 



OF KENTUCKY. 205 

Court (to be styled the Court of Appeals), the Courts estab- 
lished by this Constitution, and such Courts inferior to the Su- 
preme Court, as the General Assembly may, from time to 
time, erect and establish. 

Concerning- the Court of Appeals. 

Sec. 2. The Court of Appeals shall have appellate jurisdic- 
tion only, which shall be co-extensive with the State, under 
such restrictions and regulations, not repugnant to this Con- 
stitution, as may, from time to time, be prescribed by law. 

Sec 3. The Judges of the Court of Appeals shall, after their 
first term, hold their offices for eight years from and after their 
election, and until their successors shall be duly qualified, 
subject to the conditions hereinafter prescribed ; but for any- 
reasonable cause the Governor shall remove any of them, on 
the address of two-thirds of each house of the General As- 
sembly : Provided, however, That the cause or causes for 
w T hich such removals may be required, shall be stated at length 
in such address, and on the journal of each house. They 
shall, at stated times, receive for their services an adequate 
compensation, to be fixed by law, which shall not be dimin- 
ished during the time for which they shall have been elected. 

Sec. 4. The Court of Appeals shall consist of four Judges, 
any three of whom may constitute a Court for the. transaction 
of business. The General Assembly, at its first session after 
the adoption of this Constitution, shall divide the State by 
counties into four districts, as nearly equal in voting popula- 
tion, and with as convenient limits as may be, in each of 
which the qualified voters shall elect one Judge of the Court of 
Appeals : Provided, That whenever a vacancy shall occur in 
said Court, from any cause, the General Assembly shall have 
power to reduce the number of Judges and districts ; but in no 
event shall there be less than three Judges and districts. 
Should a change in the number of the Judges of the Court of 
Appeals be made, the term of office and number of districts 



206 CIVIL GOVERNMENT 

shall be so changed as to preserve the principle of electing 
one Judge every two years. 

Sec. 5. The Judges shall, by virtue of their offices, be con- 
servators of the peace throughout the State. The style of all 
processes shall be, "The Commonwealth of Kentucky." All 
prosecutions shall be carried on in the name and by the au- 
thority of the Commonwealth of Kentucky, and conclude, 
"against the peace and dignity of the same." 

Sec. 6. The Judges first elected shall serve as follows, to- 
wit : One shall serve until the first Monday in August. 1852 ; 
one until the first Monday in August, 1854 ; one until the first 
Monday in August, 1856; and one until the first Monday in 
August, 1858. The Judges, at the first term of the Court suc- 
ceeding their election shall determine, by lot, the length of 
time which each one shall serve ; and at the expiration of the 
service of each, an election in the proper district shall take 
place to fill the vacancy. The Judge having the shortest time 
to serve shall be styled the Chief Justice of Kentucky. 

Sec. 7. If a vacancy shall occur in said ' Court, from any 
cause, the Governor shall issue a writ of election to the proper 
district to fill such vacancy for the residue of the term : Pro- 
vided, That if the unexpired term be less than one year, the 
Governor shall appoint a Judge to fill such vacancy. 

Sec. 8. No person shall be eligible to the office of Judge of 
the Court of Appeals who is not a citizen of the United States, 
a resident of the district for which he may be a candidate for 
two years next preceding his election, at least thirty years of 
age, and who has not been a practicing lawyer eight years, or 
whose service upon the bench of any court of record, 
when added to the time he may have practiced law, shall not 
be equal to eight years. 

Sec. 9. The Court of Appeals shall hold its sessions at the 
seat of government, unless otherwise directed by law; but the 
General Assembly may, from time to time, direct that said 



OF KENTUCKY. 207 

Court shall hold its sessions in any one or more of said dis- 
tricts. 

Sec. io. The first election of the Judges and Clerk or 
Clerks of the Court of Appeals shall take place on the second 
Monday in May 1S51, and thereafter, in each district as a va- 
cancy may occur, by the expiration of the term of office ; and 
the Judges of the said Court shall be commissioned by the 
Governor. 

Sec. 11. There shall be elected, by the qualified voters of 
this State, a Clerk of the Court of Appeals, who shall hold his 
office from the first election until the first Monday in August, 
1858, and thereafter for the term or eight years from and after 
Lis election ; and should the General Assembly provide for 
holding the Court of Appeals in any one or more of said dis- 
tricts, they shall also provide for the election of a Clerk by the 
qualified voters of such district, who shall hold his office for 
■eight years, possess the same qualifications, and be subject to 
removal in the same manner as the Clerk of the Court of Ap- 
peals ; but if the General Assembly shall, at its first or any 
other session, direct the Court of Appeals to hold its sessions 
in more than one district, a Clerk shall be elected by the qual- 
ified voters of such district. And the Clerk, first provided for 
in this section, shall be elected by the qualified voters of the 
district or districts. The same principle shall be observed 
whenever the Court shall be directed to hold its sessions in 
either of the other districts. Should the number of judges be 
reduced, the term of the office of Clerk shall be six years, 

Sec. 12. No person shall be eligible to the office of Clerk 
of the Court of Appeals unless he be a citizen of the United 
States, a resident of the State two years next preceding his 
election, of the age of twenty-one years, and have a certificate 
from a Judge of the Court of Appeals, or a Judge of the Cir- 
cuit Court, that he has been examined by the Clerk of his 
Court, under his supervision, and that he is qualified for the 
office for which he is a candidate. 



208 CIVIL GOVERNMENT 

Sec. 13. Should a vacancy occur in the office of Clerk of 
the Court of Appeals, the officer shall issue a writ of election, 
and the qualified voters of the State, or of the district in 
which the vacancy may occur, shall elect a Clerk of the Court 
of Appeals, to serve until the end of the term for which such 
Clerk was elected: Provided, That when a vacancy shall oc- 
cur from any cause, or the Clerk be under charges upon in- 
formation, the Judges of the Court of Appeals shall have 
power to appoint a Clerk pro tern., to perform the duties of 
Clerk until such vacancy shall be filled, or the Clerk aquitted : 
And provided further, That no writ of election shall issue to 
fill a vacancy unless the unexpired term exceed one year. 

Sec- 14. The General Assembly shall direct, by law, the 
the mode and manner of conducting and making due returns 
to the Secretary of of State, of all elections of the Judges and 
Clerk or Clerks of the Court of Appeals, and of determining 
contested elections of any of these officers. 

Sec. 15. The General Assembly shall provide for an addi- 
tional Judge or Judges, to constitute, with the remaining Judge 
or Judges, a special court for the trial of such cause or causes 
as may, at any time, be pending in the Court of Appeals, on 
the trial of which a majority of the Judges can not sit on ac- 
count of interest in the event of the cause ; or on account of 
their relationship to either party ; or when a Judge may have 
been employed in or decided the cause in the inferior court. 

Concerning the Circuit Courts. 

Sec< 16. A Circuit Court shall be established in each county 
now existing, or which may hereafter be erected in this Com- 
monwealth. 

Sec. 17. The jurisdiction of said Court shall be and remain 
as now established, hereby giving to the General Assembly the 
power to change or alter it. 

Sec. 18. The right to appeal or sue out a writ of error to 
the Court of Appeals shall remain as it now exists, until al- 



OF KENTUCKY. 209 

tered by law, hereby giving to the General Assembly the 
power to change, alter, or modify said right. 

Sec. 19. At the first session after the adoption of this Con- 
stitution, the General Assembly shall divide the State into 
twelve judicial districts, having due regard to business, terri- 
tory, and population : Provided, That no county shall be 
divided. 

Sec. 20. They shall, at the same time that the judicial dis- 
tricts are laid off, direct elections to be held in each district, to 
elect a judge for said district, and shall prescribe in what man- 
ner the elections shall be conducted. The first election of 
Judges of the Circuit Courts shall take place on the second 
Monday in May, 1851 ; and afterwards on the first Monday in 
August, 1856, and on the first Monday in August in every sixth 
year thereafter. 

Sec. 21. All persons qualified to vote for members of the 
General Assembly, in each district shall have the right to vote 
forjudges. 

Sec. 22. No person shall be eligible as Judge of the Circuit 
Court who is not a citizen of the United States, a resident of 
the district for which he may be a candidate two years next 
preceding his election, at least thirty years of age, and who 
has not been a practicing lawyer eight years, or whose service 
upon the bench of any court of record, when added to the 
time he may have practiced law, shall not be equal to eight 
years. 

Sec. 23. The Judges of the Circuit Court shall, after their 
first term, hold their office for the term of six years from the 
day of their election. They shall be commissioned by the 
Governor and continue in office until their successors be qual- 
ified, but shall be removable from office in the same manner 
as the Judges of the Court of Appeals ; and the removal of a 
Judge from his district shall vacate his office. 

Sec. 24. The General Assembly, if they deem it necessary, 
may establish one additional district every four years, but the 



-210 CIVIL GOVERNMENT 

judicial districts shall not exceed sixteen, until the population 
of this State shall exceed one million five hundred thousand. 

Sec. 25. The Judges of the Circuit Court shall, at stated 
times, receive for their services an adequate compensation, to 
be fixed by law, which shall be equal and uniform throughout 
the State, and which shall not be diminished during the time 
for which they were elected. 

Sec. 26. If a vacancy shall occur in the office of Judge of 
the Circuit Court, the Governor shall issue a writ of election 
to fill such vacancy for the residue of the term : Provided, 
That if the unexpired term be less than one year, the Gov- 
ernor shall appoint a Judge to fill such vacancy. 

Sec. 27. The judicial districts of this State shall not be 
changed, except at the first session after an enumeration, un- 
less when a new district may be established. 

Sec. 28. The General Assembly shall provide by law for 
holding Circuit Courts, when, from any cause, the Judge shall 
fail to attend, or, if in attendance, can not properly preside. 

Concerning County Courts. 

Sec. 29. A County Court shall be established in each 
county now existing, or which may hereafter be erected within 
this Commonwealth, to consist of a Presiding Judge and two 
Associate Judges, any two of whom shall constitute a Court 
for the transaction of business : Provided, That the General 
Assembly may, at any time, abolish the office of the Associate 
Judges whenever it shall be deemed expedient ; in which event 
they may associate with said Court any or all of the Justices of 
the Peace for the transaction of business. 

Sec. 30. The Judges of the County Courts shalfbe elected 
by the qualified voters in each county for the term of four 
years, and shall continue in office until their successors be 
duly qualified, and shall receive such compensation for their 
services as may be provided for by law. 

Sec. 31. The first election of County Court Judge shall 



OF KENTUCKY. 211 

take place at the same time of the election of Judges of the 
Circuit Court, The Presiding Judge, first elected, shall hold 
his office until the first Monday, in August, 1854. The Asso- 
ciate Judges shall hold their office until the first Monday in 
August, I852, and until their successors be qualified ; and after- 
wards elections shall be held on the first Mondays in August,, 
in the years in which vacancies regularly occur. 

Sec. 32. No person shall be eligible to the office of Presid- 
ing or Associate Judge of the County Court, unless he be a cit- 
izen of the United States, over twenty-one years of age, and 
shall have been a resident of the county in which he shall be 
chosen one year next preceding the election. 

Sec. 33. The jurisdiction of the County Court shall be reg- 
ulated by law, and, until changed, shall be the' same now 
vested in the County Courts of this State. 

Sec. 34. Each county in this State shall be laid off into dis- 
tricts of convenient size, as the General Assembly may, from 
time to time, direct. Two Justices of the Peace shall be 
elected in each district, by the qualified voters therein, at such 
time and place as may be prescribed by law, for the term ol 
four years, whose jurisdiction shall be co-extensive with the 
county ; no person shall be eligible as a Justice of the Peace un- 
less he be a citizen of the United States, twenty-one years oi 
age, and a resident of the district in which he may be a can- 
didate. 

Sec. 35. Judges of the County Court and Justices of the 
Peace shall be conservators of the peace. They shall be com- 
missioned by the Governor. County and district officers shall 
vacate their offices by removal from the district or county in 
which they shall be appointed. The General Assembly shall 
provide, by law, the manner of conducting and making due re~ 
turns of all elections of Judges of the County Court and Just- 
ices of the Peace, and for determining contested elections,, 
and provide the mode of filling vacancies in these offices. 

Sec. 36. Judges of the County Court and Justices of the 



212 CIVIL GOVERNMENT 

Peace, Sheriffs, Coroners, Surveyors, Jailers, County Assessors, 
Attorney for the County, and Constables, shall be subject to in- 
dictment or presentment for malfeasance or misfeasance in 
office, or willful neglect in the discharge of their official du- 
ties, in such mode as may be prescribed by law, subject to ap- 
peal to the Court of Appeals ; and, upon conviction, their of- 
fices shall become vacant. 

Sec. 37* The General Assembly may provide, by law, that 
the Justices of the Peace in each county shall sit at the Court 
of Claims and assist in laying the county levy and making ap- 
propriations only. 

Sec. 38. When any city or town shall have a separate rep- 
resentation, such city or town, and the county in which it is 
located, may have such separate municipal courts, and execu- 
tive and ministerial officers, as the General Assembly may, 
from time to time, provide. 

Sec. 39. The Clerks of the Court of Appeals, Circuit and 
County Courts, shall be removable from office by the Court of 
Appeals, upon information and good cause shown. The Court 
shall be judges of the fact as well as the law. Two-thirds of 
the members present must concur in the sentence. 

Sec 40. The Louisville Chancery Court shall exist, under 
this Constitution, subject to repeal, and its jurisdiction to en- 
largement and modification by the General Assembly. The 
Chancellor shall have the same qualifications as a Circuit 
Court Judge, and the Clerk of said Court as a Clerk of a Cir- 
cuit Court, and the Marshal of said Court as a Sheriff, and the 
General Assembly shall provide for the election, by the quali- 
fied voters within its jurisdiction, of the Chancellor, Clerk, 
and Marshal of said Court, at the same time that the Judge 
and Clerk of the Circuit Court are elected for the county of 
Jefferson ; and they shall hold their offices for the same time, 
and shall be removable in the same manner : Provided, That 
the Marshal of said court shall be ineligible for the succeeding 
term. 



OF KENTUCKY. 213 

Sec. 41. The city court of Louisville, the Lexington city 
court, and all other police courts established in any city or 
town, shall remain, until otherwise directed by law, with their 
present powers and jurisdictions, and the judges, clerks, and 
marshals of such courts shall have the same qualifications, and 
shall be elected by the qualified voters of such cities or towns, 
at the same time and in the same manner, and hold their of- 
fice for the same term as county judges, clerks, and sheriffs, 
respectively, and shall be liable to removal in the same man- 
ner. The General Assembly may vest judicial powers, for 
police purposes, in mayors of cities, police judges, and trus- 
tees of towns. 

ARTICLE FIFTH, 
Concerning Impeachments. 

Sec. 1. The House of Representatives shall have the sole 
power of impeachment. 

Sec. 2. All impeachments shall be tried by the Senate. 
When sitting for that purpose, the Senators shall be upon 
oath or affirmation No person shall be convicted without the 
concurrence of two-thirds of the members present. 

Sec. 3. The Governor, and all civil officers, shall be liable 
to impeachment for any misdemeanor in office; but judgment 
in such cases shall not extend further than to removal from of- 
fice, and disqualification to hold any office of honor, trust, or 
profit, under this Commonwealth ; but the party cpnvicted 
shall, nevertheless, be subject and liable to indictment, trial, 
and punishment by law. 

ARTICLE SIXTH 
Concerning Executive and Ministerial Offices for Counties 

and Districts. 

Sec. 1. A Commonwealth's Attorney for each judicial dis- 
trict, and a circuit court clerk for each county shall be elected, 
whose term of office shall be the same as that of the circuit 



214 CIVIL GOVERNMENT 

judges ; also a county court clerk, an attorney, surveyor, cor- 
oner, andjailer, for each county, whose term of office shall be 
the same as that of the presiding judge of the county court. 

Sec. 2. No person shall be eligible to the offices mentioned 
in this article who is not at the time twenty-four years old (ex- 
cept clerks of county and circuit courts, sheriffs, constables, 
and county attorneys, who shall be eligible at the age of 
twenty-one years), a citizen of the United States, and who has 
not resided two years, next preceding the election, in the 
State, and one year in the county or district for which he is a 
candidate. No person shall be eligibile to the office of Com- 
monwealth's or county attorney unless he shall have been 
a licensed practicing attorney for two years. No person shall 
be eligible to the office of clerk, unless he shall have procured 
from a Judge of the Court of Appeals, or a judge of the circuit 
court, a certificate that he has been examined by the clerk of 
his court under his supervision, and that he is qualified for the 
office for which he is a candidate. 

Sec. 3. The Commonwealth's Attorney and circuit court 
clerk shall be elected at the same time as the circuit judge — 
the Commonwealth's Attorney by the qualified voters of the 
district, the circuit court clerk by the qualified voters of the 
county. The county attorney, clerk, surveyor, coroner, and 
jailer, shall be elected at the same time, and in the same man- 
ner, as the presiding judge of the county court. 

Sec. 4. A sheriff shall be elected in each county, by the 
qualified voters thereof, whose term of office shall, after the 
first term, be two years, and until his successor be qualified ; 
and he shall be re-eligible for a second term ; but no sheriff 
shall, after the expiration of the second term be re-eligible, or 
act as deputy, for the succeeding term. The first election of 
sheriffs shall be on the second Monday in May, 1851 ; and the 
sheriffs then elected shall hold their offices until the first Mon- 
day in January, 1853, anc * until their successors be qualified ; 
and on the first Monday in August, 1852, and on the first Mon- 



OF KENTUCKY. 215 

day of August in every second year thereafter, elections for 
sheriff shall be held : Provided, That the sheriffs first elected 
shall enter upon the duties of their respective offices on the 
first Monday in June, 1851, and, after the first election, on the 
first Monday in January next succeeding their election. 

Sec. 5. A constable shall be elected in every justices' dis- 
trict, who shall be chosen for two years, at such time and 
place as may be provided by law, whose jurisdiction shall be 
co-extensive with the county in which he may reside. 

Sec. 6. Officers for towns and cities shall be elected for 
such terms, and in such manner, and with such qualifications 
as may be prescribed by law. 

Sec. 7. Vacancies in offices under this article shall be filled 
until the next regular election, in such manner as the General 
Assembly may provide. 

Sec. 8. When a new county shall be erected, officers for the 
same, to serve until the next stated election, shall be elected 
or appointed in such way and at such times as the General As- 
sembly may prescribe. 

Sec. 9. Clerks, sheriffs, surveyors, coroners, constables, 
and jailers, and such other officers, as the General Assembly 
may, from time to time, 1 equire, shall, before they enter upon 
the duties of their respective offices, and as often thereafter as 
may be deemed proper, give such bond and security as shall 
be prescribed by law. 

Sec. 10. The General Assembly may provide for the elec- 
tion or appointment, for a term not exceeding four years, of 
such other county or district ministerial and executive officers, 
as shall, from time to time, be necessary and proper. 

Sec. ii. A county assessor shall be elected in each county 
at the same time, and for the same term, that the presiding 
judge of the county court is elected, until otherwise provided 
for by law. He shall have power to appoint such assistants 
as may be necessary and proper. 



216 CIVIL GOVERNMENT 

ARTICLE SEVENTH. 
Concerning the Militia. 

Sec. i. The militia of this Commonwealth shall consist of 
all free, able-bodied male persons (negroes, mulattoes, and 
Indians excepted) resident in the same, between the ages of 
eighteen and forty-five years, except such persons as now are, 
or hereafter may be, exempted by the laws of the United 
States, or of this State ; but those who belong to religious so- 
cieties whose tenets forbid them to carry arms, shall not be 
compelled to do so, but shall pay an equivalent for personal 
services. 

Sec. 2. The Governor shall appoint the Adjutant General 
and his other staff officers ; the Major Generals, Brigadier 
Generals, and Commandants of Regiments shall, respectively, 
appoint their staff officers ; and commandants of companies 
shall appoint their non-commissioned officers. 

Sec. 3. All militia officers, whose appointment is not herein 
otherwise provided for, shall be elected by persons subject to 
military duty within their respective companies, battalions, 
regiments, brigades and divisions, under such rules and regu- 
lations, and for such terms, not exceeding six years, as the 
General Assembly may, from time to time, direct and es- 
tablish. 

ARTICLE EIGHTH. 

General Provisions. 

Sec, 1. Members of the General Assembly, and all officers, 
before they enter upon the execution of the duties of their re- 
spective offices, and all members of the bar, before they enter 
upon the practice of their profession, shall take the following 
oath or affirmation : I do solemnly swear (or affirm, as the case 
may be) that I will support the Constitution of the United 
States and the Constitution of this State, and be faithful and 
true to the Commonwealth of Kentucky, so long as I continue 



OF KENTUCKY. 217 

a citizen thereof, and that I will faithfully execute, to the best 

of my abilities, the office of , according to law ; 

and I do further solemnly swear (or affirm) that since the 
adoption of the present Constitution, I, being a citizen of this 
State, have not fought a duel with deadly weapons within this 
State, nor out of it, with a citizen of this State, nor have I sent 
or accepted a challenge to fight a duel with deadly weapons 
with a citizen of this State ; nor have I acted as second in car- 
rying a challenge, or aided or assisted any person thus offend- 
ing—so help me God. 

Sec. 2. Treason against the Commonwealth shall consist 
only in levying war against it, or in adhering to its enemies, 
giving them aid and comfort. No person shall be convicted of 
treason, unless on the testimony of two witnesses to the same 
overt act, or his own confession in open court. 

Sec. 3. Every person shall be disqualified from holding any 
office of trust or profit for the term for which he shall have 
been elected, who shall be convicted of having given or ottered 
any bribe or treat to procure his election. 

Sec. 4. Laws shall be made to exclude from office and 
from suffrage those who shall thereafter be convicted of brib- 
ery, perjury, forgery, or other crimes or high misdemeanors. 
The. privilege of free suffrage shall be supported by laws reg- 
ulating elections, and prohibiting, under adequate penalties, 
all undue influence thereon from power, bribery, tumult, or 
other improper practices. 

Sec. 5. No money shall be drawn from the Treasury but in 
pursuance of appropriations made by law, nor shall any ap- 
propriations of money for the support of an army be made for 
a longer time than two years ; and a regular statement and ac- 
count of the receipts and expenditures of all public money 
shall be published annually. 

Sec. 6. The General Assembly may direct, by law, in what 
manner, and in what courts, suits may be brought against the 
Commonwealth. 



218 CIVIL GOVERNMENT 

Sec. 7, The manner of administering an oath or affirmation 
shall be such as is most consistent with the conscience of the 
deponent, and shall be esteemed by the General Assembly the 
most solemn appeal to God. 

Sec. 8. All laws which, on the first day of June, one thousand 
seven hundred and ninety-two, were in force in the State of 
Virginia, and which are of a general nature, and not local to 
that State, and not repugnant to this Constitution, nor to the 
laws which have been enacted by the General Assembly of 
this Commonwealth, shall be in force within this State untiL 
they shall be altered or repealed by the General Assembly. 

Sec. 9. The compact with the State of Virginia, subject to 
such alterations as may be made therein agreeably to the 
mode prescribed to by the said compact, shall be considered 
as part of the Constitution. 

Sec. 10. It shall be the duty of the General Assembly to 
pass such laws as shall be necessary and proper to decide dif- 
ferences by arbitrators, to be appointed by the parties who 
may choose that summary mode of adjustment. 

Sec. 11. All civil officers for the Commonwealth atiarge 
shall reside within the State, and all district, county, or town 
officers, within their respective districts, counties or towns 
(trustees of towns excepted), and shall keep their offices at 
such places therein as may be required by law ; and all militia 
officers shall reside in the bounds of the division, brigade,, 
regiment, battalion, or company to which they may severally 
belong. 

Sec. 12. Absence on the business of this State, or the United 
States, shall not forfeit a residence once obtained, so as to de- 
prive any one of the right of suffrage, or of being elected or 
appointed to any office under this Commonwealth, under the 
exceptions contained in this Constitution. 

Sec. 13. It shall be the duty of the General Assembly to 
regulate, by law, in what cases, and what deductions from the 



OF KENTUCKY. 219 

salaries of public officers shall be made for neglect of duty in 
their official capacity. 

Sec. 14. Returns of all elections by the people shall be 
made to the Secretary of State, for the time being, except 
in those cases otherwise provided for in this Constitution, or 
which shall be otherwise directed by law. 

Sec. 15. In all elections by the people, and also by the Sen- 
ate and House of Representatives, jointly or separately, the 
votes shall be personally and publicly given viva voce: Pro- 
vided, That dumb persons entitled to suffrage, may vote by 
ballot. 

Sec. 16. All elections by the people shall be held between 
the hours of six o'clock in the morning and seven o'clock in 
the evening. 

Sec. 17. The General Assembly shall, by law, prescribe the 
time when the several officers authorized or directed by this 
Constitution to be elected or appointed shall enter upon the 
duties of their respective offices, except where the time is 
fixed by this Constitution. 

Sec. i8* No member of Congress, no person holding or ex- 
ercising any office of trust or profit under the United States, 
or either of them, or under any foreign power, shall be eligible 
as a member of the General Assembly of this Commonwealth, 
or hold or exercise any office of trust or profit under the 
same. 

Sec. 19. The General Assembly shall direct, by law, how 
persons who now are, or may hereafter become, securities for 
public officers, may be relieved or discharged on account of 
such securityship. 

Sec. 20. Any person who shall, after the adoption of this 
Constitution, either directly or indirectly, give, accept, or 
knowingly carry a challenge to any person or persons, to fight 
in single combat, with a citizen of this State, with any deadly 
weapon, either in or out of the State, shall be deprived of the 
right to hold any office of honor or profit in this Common- 



220 CIVIL GOVERNMENT 

wealth, and shall be punished otherwise in such manner as 
the General Assembly may prescribe by law. 

Sec. 21. The Governor shall have power, after five years 
from the time of the offense, to pardon all persons who shall 
have in anywise participated in a duel, either as principals, 
seconds, or otherwise, and to restore him or them to all the 
rights, privileges, and immunities to which he or they are en- 
titled before such participation. And upon the presentation of 
such pardon, the oath prescribed in the first section of this 
article shall be varied to suit the case. 

Sec. 22, At its first session after the adoption of this Con- 
stitution, the General Assembly shall appoint not more than 
three persons, learned in the law, whose duty it shall be to re- 
vise and arrange the statute laws of this Commonwealth, both 
civil and criminal, so as to have but one law on any one sub- 
ject ; and also three other persons, learned in the law, whose 
duty it shall be to prepare a code of practice for the courts, 
both civil and criminal, in this Commonwealth, by abridging 
and simplifying the rules of practice and laws in relation 
thereto ; all of whom shall, at as early a day as practicable, re- 
port the result of their labors to the General Assembly, for 
their adoption or modification. 

Sec. 23. So long as the Board of Internal Improvement 
shall be continued, the president thereof shall be elected by 
the qualified voters of this Commonwealth, and hold the office 
for the term of four years, and until another be duly elected 
and qualified. The election shall be held at the same time, 
and be conducted in the same manner, as the election for Gov- 
ernor of this Commonwealth under this Constitution ; but 
nothing herein contained shall prevent the General Assembly 
from abolishing said Board of Internal Improvement, or the 
office of president thereof. 

Sec 24. The General Assembly shall provide, by law, for 
the trial of any contested election of Auditor, Register, Treas- 



OF KENTUCKY. 221 

urer, Attorney Generals, Judges of Circuit Courts, and alt 
other officers not otherwise herein specified. 

Sec. 25. The General Assembly shall provide, by law, for the 
making of the returns, by the proper officers, of the election 
of all officers to be elected under this Constitution ; and the 
Governor shall issue commissions to the Auditor, Register,. 
Treasurer, President of the Board of Internal Improvement, 
Superintendent of Public Instruction, and such other officers 
as he may be directed by law to commission, as soon as he has 
ascertained the result of the election of those officers respect- 
ively. 

Sec. 26. When a vacancy shall happen in the office of At- 
torney General, Auditor of Public Accounts, Treasurer, Reg- 
ister of the Land Office, President of the Board of Internal 
Improvement, or Superintendent of Public Instruction, the 
Governor, in the recess of the Senate, shall have power to fill 
the vacancy by granting commissions which shall expire at the 
end of the next session, and shall fill the vacancy for the bal- 
ance of the time by and with the advice and consent of the 
Senate. 

ARTICLE NINTH. 

Concerning the Seat of Government. 

The seat of government shall continue in the city of Frank- 
fort, until it shall be removed bylaw; Provided, however, 
That two-thirds of the members elected to each house of the 
General Assembly shall concur in the passage of such law. 

ARTICLE TENTH, 

Concerning Slaves. 

Sec. 1. The General Assembly shall have no power to pass 
laws for the emancipation of slaves, without the consent of 
their owners, or without paying their owners previous to such 
emancipation, a full equivalent in money for the slaves so 
emancipated, and providing for their removal from the State. 



222 CIVIL GOVERNMENT 

They shall have no power to prevent emigrants to this State 
from bringing with them such persons as are deemed slaves 
toy the laws ol any of the United States, so long as any person 
•of the same age or description shall be continued in slavery 
by the laws of this State. They shall pass laws to permit own- 
ers of slaves to emancipate them, saving the rights of creditors, 
and to prevent them from remaining in this State after they 
are emancipated. They shall have full power to prevent 
slaves being brought into this State, who have been, since the 
iirst of January, one thousand seven hundred and eighty-nine, 
or may hereafter be imported into any of the United States 
from a foreign country. And they shall have full power to 
pass such laws as may be necessary to oblige the owners of 
slaves to treat them with humanity ; to provide for them neces- 
sary clothing and provision ; to abstain from all injuries to 
them, extending to life or limb ; and in case of their neglect 
or refusal to comply with the directions of such laws, to have 
such slave or slaves sold for the benefit of the owner or own- 
ers. 

Sec 2. The General Assembly shall pass laws, providing 
that any free negro or mulatto hereafter emigrating to, and 
any slave hereafter emancipated in, and refusing to leave this 
State, or having left it, shall return and settle within this State, 
shall be deemed guilty of felony, and punished by confine- 
ment in the penitentiary thereof. 

Sec. 3. In the prosecution of slaves for felony, no inquest 
toy a grand jury shall be necessary; but the proceedings in 
such prosecution shall be regulated by law, except that the 
General Assembly shall have no power to deprive them of the 
privilege of an impartial trial by petit jury. 

ARTICLE ELEVENTH. 

Concerning Education. 

Sec. 1, The capital of the fund called and known as the 
* l Common School Fund," consisting of one million two hun- 



OF KENTUCKY. 22a 

dred and twenty-five thousand seven hundred and sixty-eight 
dollars and forty-two cents, for which bonds have been exe- 
cuted by the State to the Board of Education, and seventy- 
three thousand five hundred dollars of stock in the Bank of 
Kentucky ; also the sum of fifty-one thousand two hundred 
and twenty-three dollars and twenty-nine cents, balance of in- 
terest on the school fund for the year 1848, unexpended, to- 
gether with any sum which may be hereafter raised in the 
State, by taxation or otherwise, for purposes of education, 
shall be held inviolate, for the purpose of sustaining a system 
of common schools* The interest and dividends of said funds, 
together with any sum which may be produced for that pur- 
pose, by taxation or otherwise, may be appropriated in aid of 
common schools, but for no other purpose. The General As- 
sembly shall invest said fifty-one thousand two hundred and 
twenty-three dollars and twenty-nine cents in some safe and 
profitable manner ; and any portion of the interest and divi- 
dends of said school fund, or other money or property raised 
for school purposes, which may not be needed in sustaining 
common schools, shall be vested in like manner. The Gen- 
eral Assembly shall make provision, by law, for the payment 
of the interest of said fund : Provided, That each county 
shall be entitled to its portion of the income of said fund; and 
if not called for common school purposes, it shall be rein- 
vested, from time to time, for the benefit of said county. 

Sec. 2. A Superintendent of Public Instruction shall be 
elected by the qualified voters of this Commonwealth, at the 
same time the Governor is elected, who shall hold his office 
for foiir years , and his duties and salary shall be prescribed 
and fixed by law. 

ARTICLE TWELFTH. 

Mode of Revising the Constitution. 

Sec, i. When experience shall point out the necessity of 
amending this Constitution, and when a majority of all the 



224 CIVIL GOVERNMENT 

members elected to each house of the General Assembly 
shall, within the first twenty days of any regular session, con- 
cur in passing a law for taking the sense of the good people 
of this Commonwealth as to the necessity and expediency of 
calling a convention, it shall be the duty of the several sheriffs, 
and other officers of election, at the next general election 
which shall be held for Representatives to the General Assem- 
bly, after the passage of such law, to open a poll for and make 
return to the Secretary of State, for the time being, of the 
names of all those entitled to vote for Representative, who 
have voted for calling a convention ; and if, thereupon, it shall 
appear that a majority of all the citizens of the State, entitled 
to vote for Representatives, have voted for calling a conven- 
tion, the General Assembly shall, at their next regular session, 
direct that a similar poll shall be opened and return made for 
the next election for Representatives ; and if, thereupon, it 
shall appear that a majority of all the citizens of the State 
entitled to vote for Representatives have voted for calling a 
convention, the General Assembly shall, at their next session, 
pass a law calling a convention, to consist of as many mem- 
bers as there shall be in the House of Representatives, and no 
more ; to be chosen on the first Monday in August thereafter, 
in the same manner and proportion, and at the same places, 
and possessed of the same qualifications as of a qualified 
elector, by citizens entitled to vote for Representatives; and to 
meet within three months after their election, for the purpose 
of re-adopting, amending, or changing this Constitution; but if 
it shall appear by the vote of either year, as aforesaid, that a 
majority of all the citizens entitled to vote for Representatives, 
did not vote for calling a convention, a convention shall not 
then be called. And for the purpose of ascertaining whether 
a majority of the citizens, entitled to vote for Representatives, 
did or did not vote for calling a convention as above, the Gen- 
eral Assembly passing the law authorizing such vote shall pro- 



OF KENTUCKY. 225 

vide for ascertaing the number of citizens entitled to vote for 
Representatives within the State. 

Sec. 2. The convention, when assembled, shall judge of 
the election of its members and decide contested elections; 
but the General Assembly shall, in calling a convention, pro- 
vide for taking testimony in such cases, and for issuing a writ 
of election in case of a tie. 

ARTICLE THIRTEENTH. 

Bill of Rights. 

That the general, great, and essential principles of liberty 
and free government may be recognized and established we 

DECLARE — 

Sec. i. That all freemen, when they form a social compact, 
are equal, and that no man, or set of men, are entitled to ex- 
clusive, separate public emoluments or privileges from the 
community, but in consideration of public services. 

Sec. 2. The absolute, arbitrary power over the lives, lib- 
erty, and property of freemen exists nowhere in a republic — 
not even in the largest majority. 

Sec, 3. The right of property is before and higher than any 
constitutional sanction ; and the right of the owner of a slave 
to such slave, and its increase, is the same, and as inviolable 
as the right of the owner of any property whatever. 

Sec. 4. That all power is inherent in the people, and all 
free governments are founded on their authority, and instituted 
for their peace, safety, happiness, security, and the protection 
of property. For the advancement of these ends, they have 
at all times an inalienable and indefeasable right to alter, re- 
form, or abolish their government, in such manner as they 
may think proper. 

Sec. 5. That all men have a natural and indefeasable right 
to worship Almighty God according to the dictates of their 
own consciences ; that no man shall be compelled to attend, 
erect, or support any place of worship, or to maintain any min- 



226 CIVIL GOVERNMENT 

istry against his consent ; that no human authority ought, in 
any case whatever, to control or interfere with the rights of 
conscience ; and that no preference shall be given, by law, to 
any religious societies or modes of worship. 

Sec. 6. That the civil rights, privileges, or capacities of any 
citizen shall in nowise be diminished or enlarged on account 
of his religion. 

Sec. 7. That all elections shall be free and equal. 

Sec. 8. That the ancient mode of trial by jury shall be held 
sacred, and the right thereof remain inviolate, subject to such 
modifications as may be authorized by this Constitution. 

Sec. 9. That printing presses shall be free to every person 
who undertakes to examine the proceedings of the General 
Assembly, or any branch of government, and no law shall 
ever be made to restrain the right thereof. The free commun- 
ication of thoughts and opinions is one of the invaluable rights 
of man, and every citizen may freely speak, write, and print 
on any subject, being responsible for the abuse of that liberty. 

Sec. 10. In prosecutions for the publication of papers in- 
vestigating the official conduct of officers or men in a public 
capacity, or where the matter published is proper for public in- 
formation, the truth thereof may be given in evidence ; and in 
all indictments for libels, the jury shall have a right to deter- 
mine the law and the facts, under the direction of the court, as 
in other cases. 

Sec. 11. That the people shall be secure in their persons, 
houses, papers, and possessions, from unreasonable seizures 
and searches, and that no warrant to search any place or to 
seize any person or thing, shall issue, without describing them 
as nearly as may be, nor without probable cause, supported 
by oath or affirmation. 

Sec. 12. That in all criminal prosecutions, the accused hath 
a right to be heard by himself and counsel ; to demand the 
nature and cause of the accusation against him ; to meet the 
witnesses face to face ; to have compulsory process for ob- 



OF KENTUCKY. 227 

taining witnesses in his favor; and in prosecutions by indict- 
ment or information, a speedy public trial by an impartial jury 
of the vicinage ; that he can not be compelled to give evidence 
against himself; nor can he be deprived of his life, liberty, or 
property, unless by the judgment of his peers or the law of 
the land. 

Sec. 13. That no person shall, for any indictable offense, be 
proceeded against criminally, by information, except in cases 
arising in the land or naval forces, or in the militia when in 
actual service, in time of war or public danger, or by leave of 
the court, for oppression or misdemeanor in office. 

Sec. 14. No person shall, for the same offense, be twice put 
in jeopardy of his life or limb ; nor shall any man's property be 
taken or applied to public use, without the consent of his rep- 
resentatives, and without just compensation being previously 
made to him. 

Sec. 15. That all courts shall be open, and every person, 
for an injury done him in his lands, goods, person, or reputa- 
tion, shall have remedy by the due course of law, and right 
and justice administered, without sale, denial, or delay. 

Sec. 16. That no power of suspending laws shall be exer- 
cised, unless by the General Assembly, or its authority. 

Sec. 17. That excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel punishments inflicted. 

Sec. 18. That all prisoners shall be bailable by sufficient 
securities, unless for capital offenses, when the proof is evident 
or presumption great ; and the privilege of the writ of habeas 
corpus shall not be suspended, unless when, in cases of rebel- 
lion or invasion, the public safety may require it. 

Sec. 19. That the person of a debtor, where there is not 
strong presumption of fraud, shall not be continued in prison 
after delivering up his estate for the benefit of his creditors, 
in such manner as shall be prescribed by law. 

Sec. 20. That no ex post facto law; nor any law impairing 
contracts, shall be made. 



228 CIVIL GOVERNMENT 

Sec. 21. That no person shall be attainted of treason or fel- 
ony by the General Assembly. 

Sec. 22. That no attainder shall work corruption of blood, 
nor, except during the life of the offender, forfeiture of estate 
to the Commonwealth. 

Sec. 23. That the estates of such persons as shall destroy 
their own lives, shall descend or vest as in case of natural 
death ; and if any person shall be killed by casualty, there 
shall be no forfeiture by reason thereof. 

Sec. 24. That the citizens have a right, in a peaceable man- 
ner, to assemble together for their common good, and to ap- 
ply to those invested with the powers of government for re- 
dress of grievances or other proper purposes, by petition, ad- 
dress, or remonstrance. 

Sec. 25. That the rights of the citizens to bear arms in de- 
fense of themselves and the State shall not be questioned, but 
the General Assembly may pass laws to prevent persons from 
carrying concealed arms. 

Sec. 26. That no standing army shall, in time of peace, be 
kept up without the consent of the General Assembly ; and 
the military shall, in all cases, and at all times, be in strict sub- 
ordination to the civil power. 

Sec. 27. That no soldier shall, in time of peace, be quar- 
tered in any house without the consent of the owner ; nor in 
time of war, but in a manner to be prescribed by law. 

Sec. 28. That the General Assembly shall not grant any 
title of nobility, or hereditary distinction, nor create any office 
the appointment to which shall be for a longer time than for a 
term of years. 

Sec. 29, That immigration from the State shall not be pro- 
hibited. 

Sec. 30. To guard against transgressions of the high pow- 
ers which we have delegated, we declare, that everything in 
this article is excepted out of the general powers of govern- 



OF KENTUCKY. 229 

ment, and shall forever remain inviolate ; and that all laws con- 
trary thereto, or contrary to this Constitution shall be void. 

SCHEDULE. 

That no inconvenience may arise from the alterations and 
amendments made in the Constitution of this Commonwealth, 
and in order to carry the same into complete operation, it is 
hereby declared and ordained : 

Sec. i. That all the laws of this Commonwealth in force at 
the time of the adoption of this Constitution, and not incon- 
sistent therewith, and all rights, actions, prosecutions, claims, 
and contracts, as well of individuals as of bodies corporate, 
shall continue as if this Constitution had not been adopted. 

Sec. 2. The oaths of office herein directed to be taken may 
be administered by any judge or justice of the peace, until the 
General Assembly shall otherwise direct. 

Sec, 3. No office shall be superseded by the adoption of this 
Constitution ; but the laws of the State relative to the duties of 
the several officers, Legislative, Executive, Judicial, and Mili- 
tary, shall remain in full force, though the same be contrary 
to this Constitution, and the several duties shall be performed 
by the respective officers of the State, according to the exist- 
ing laws, until the organization of the Government, as pro- 
vided for under this Constitution, and the entering into office 
of the officers to be elected or appointed under said govern- 
ment, and no longer. 

Sec. 4. It shall be the duty of the General Assembly which 
shall convene in the year 1850, to make an apportionment of 
the representation of this State, upon the principles set forth 
in this Constitution ; and until the first apportionment shall be 
made as herein directed, the apportionment of Senators and 
Representatives among the several districts and counties in 
this State shall remain as at present fixed by law : Provided, 
That on the first Monday in August, 1850, all Senators shall go 
out of office, and on that day an election for Senators and 



230 CIVIL GOVERNMENT 

Representatives shall be held throughout the State, and those 
then elected shall hold their offices for one year, and no long- 
er: Provided further •, That at the elections to be held in the 
year 1850, that provision in this Constitution which requires 
voters to vote in the precinct within which they reside, shall 
not apply. 

Sec. 5. All recognizances heretofore taken, or which may 
be taken before the organization of the judicial department 
under this Constitution, shall remain as valid as though this 
Constitution had not been adopted, and may be prosecuted in 
the name of the Commonwealth. All criminal prosecutions 
and penal actions, which have arisen, or may arise before the 
reorganization of the judicial department under this Constitu- 
tion, may be prosecuted to judgment and execution, in the 
name of the Commonwealth. 

"We, the representatives of the freemen of Kentucky, in 
convention assembled, in their name, and by the authority of 
the Commonwealth of Kentucky, and in virtue of the powers, 
vested in us, as delegates from the counties respectively affixed 
to our names, do ordain and proclaim the foregoing to be the 
Constitution of the Commonwealth of Kentucky, from and 
after this day, 

" Done at Frankfort, this eleventh day of June, in the year 
of our Lord one thousand eight hundred and fifty, and in the 
fifty-ninth year of the Commonwealth. 

JAMES GUTHRIE. 

President of the Convention, and Member from the City of 

Louisville. 
Attest 

THO.J. HELM, 

Secretary of the Convention. 

THO. D. TILFORD. 

Assistant Secretary. 



Index. 



PART FIRST. 



A 

Abolition of Slavery 23 

Adams Jno I5" 1 ? 

Adams Sam'l 16 

Albemar'.e Colony 13 

Amendments to Constitution ... 23 

How made 24-46 

American Association 16 

Andros Gov 12 

A istocratic Government 6 

Articles of Confederation . . 95 

Digest of 16, 17, 18 

Defects of 18 

Revision proposed 20 

Nature of 18 

B 

Boston Port Bill 15 

Boston Tea Party 15 

Burr and Jefferson ........ 23 

C 

Carteret Colony 31 

Charter Government 8 

Charter Oak 12 

Civil Laws 6 

Colonial Meetings ......... 15 

Committee of States ........ 19 

Connecticut 12 

Constitution Def 6 

Constitution signed 21 



Convention to Revise Art. of Con . 20 

D 

Declaration of Independence . 89 

Formation of 17 

Declaration Col. Rights 7 

Delaware 13 

Democratic Government 6 

Discovery of America 8 

F 

First Constitution 18 

First Continental Congress .... 15 

First Inauguration 22 

First Legal Declaration of Liberty of 

Conscience 13 

First Legislativ3 Body ia America . 9 

First President, Election of .... 22 

First Written Constitution .... 12 

Forms of Government ....... 5 

Fourth of March 22 

Franklin Benj 17-21 

G 

Georgia , . ... 14 

Germs of Liberty 5 

H 

Habeas Corpus Act 7 

Hamilton Alex 21 

Henry Patrick 16 

I 

Independence Advocated 17 



232 



INDEX. 



J 

Jay Jno 16 

Jefferson Thomas 17 

L 

Lee Richard Henry 1 

Lexington 16 

Livingston Robert R 17 

Lord Baltimore 11 

M 

Madison Jas 21 

Madison Papers . 21 

Magna Charta 6 

Maryland n 

Massachusetts 10 

Mayflower .10 

Military Laws 6 

Monarchical Government .... 5 

Morris Robt 21 

Mutiny Act 15 

N 

Navigation Act 11 

New Hampshire 11 

New Jersey 13 

New York 10 

North Carolina 13 

o 

Oglethorpe Jas 14 

Oxford College 7 

P 

Parliament 7 

Parliamentary Laws 6 

Patriarchal Government ...... 5 

Penn Wm 14 

Pennsylvania 14 

President — Consti. Conv 21 

Proprietary Government 9 

R 

Randolph Peyton 15-16 

Ratification Art, of Con 18 

Ratification Constitution 21 



Republican Go vernmen 6 

Revolution, Causes of 14 

Rhode Island 9-12 

S 

Second Continental Congress ... 16 

Sherman Roger 16-17 

South Carolina 13 

Stamp Act . » 15 

States' Rights 18 

Suffrage . 29 

Sugar Act 15 

Swedes 13 

T 

Taxes •. . . 18 

Tax on Tea .... • 15 

Theocratic Government 5 

Toleration Act 11 

Treaty of Peace 16 

Trial by Jury 7 

U 

United Colonies New England . . 10 

V 

Virginia 9 

Voting 19 

W 

Washington George 15-21 

Williams Roger 21 

PART SECOND. 



Apportionment, Table of . . . 


• • 3 1 


Area, U. S 


. • 25 


Army and Navy 


. . 44 


Attainder, Bill of 


• • 45 


Attorney General 


. . 70 


His duties, etc 


. 70-71 


Appointing power of President 


• • 54 


Army Officers, Rank and Pay . 


. . 62 



INDEX. 



233 



B 

Bank Notes 59 

Beck Jas. B 27 

Benton Thos. H 28 

Bill 37 

How introduced 37 

How it becomes a law .... 37-38 

Leave 37 

Leave Days 37 

Readings of bill 37 

Signatures bill must have .... 38 

Blackburn, J. C. S 27 

Borrowing Money 43 

Branches of Government 26 

c 

Cabinet 54 

Census 29-66 

Coining money 43 

Commander-in-chief 61 

Committee on Ways and Means . . 36 

Committees of Senate 87 

Committees of House 88 

Comparative Governments . . . 84-85 

Congress 27 

Length of Term 27 

Longest term 27 

Powers of 42 

Powers denied 45-46 

Congressmen 33 

Eligibility 28 

How elected, term, salary, mile- 
age, vacancy, etc 33 

Constitution of U. S 106-126 

Copyright 44 

Cost of European Sovereigns ... 48 

Courts of U. S 73 

Diagram of same 73~74 

Officers 74 75 

Supreme Court 44 73 

Circuit Courts 77 7% 

Court of Claims 80 

District Courts 79 80 

Court of District of Columbia . . 81 



Territorial Courts 81 

D 

Dead Letters 68 69 

Declaration of Independence . . 89-94 
Department of Agriculture .... 71 

Department of Justice 71 

Department of State 55 

District of Columbia 44 45 

E 

Elections 49~5 l 

Election of U. S. Senator 32 

Electoral College 50 

Meeting of 51 

Electoral Commission 41 

Election by Popular Vcte . . . .5253 

Election by House of Rep 52 

Enacting Clause 39 

Exclusive Powers of Senate .... 39 

Exclusive Powers of House .... 40 

Executive Department 46 

President 46 

Character of 46 

Eligibility . 47 

Salary 47 

How paid 48 

Term of office 48 

Powers and duties 72 

Executive Sessions 39 

Expost-facto Law 45 

F 

Fiscal Year -. . 71 

Foreign Ministers . 57 

Franking Privilege 33 

H 

Hays R. B 41 

House of Representatives 28 

Organization of 35 

Speaker of 35 

Other officers and their duties . . 36 

I 

Impeachment 4° 4 1 

Inauguration 53 



234 



INDEX. 



Interior Department 64 

Bureaus of 64 65 

Internal Revenue 45 

J 

Johnson R. M. 39 

Judicial Department 7 2 

Juries 8x 

K 

Kinds of Liberty .25 

L 

Legislation 37 

Legislative Department ...... 26 

M 

Meeting of Congress .. . 33 

Military Academy 62 

Motto of United States 25 

N 

Naturalization Laws 43 

Navy Department 63 

Naval Officers, Rank and Pay of . 64 



Oath of Office .......... 53 

P 

Patriarchal Goverment 5 

Presidential Directory 8<, 

President's Message 36 

Presidential Succession Bill .... 49 

Population of U S. (table) .... 83 

Post Office Department ...... 67 

Postage, Rates of 69 

Post Master General , 67 

His duties 68 

Proroguing 4 2 

Prosperity of U. S 25 

Public Debt 61 

Public Grounds 45 

R 

Relative Powers and Duties of 

Senate and House of Rep . . 38 39 
Revenue 60 61 



s 

Secretary of State 55 

Secretary of Treasury . 59 

Senate, How composed 27 

Length of term 27 

Organization of 33 

Officers of 34 

Rules of Senate and House ... 35 

T 

Tariff 42 

Taxes 42 

Treasury Department 59 

Treaties 40 

V 

Vice-President 48 

Duty 48 

Rank 48 

Power in Senate . 48 

Voting in Congress 41 

w 

War Department 61 

War Footing of United States ... 61 

PART THIRD. 
A 

Adjutant General 153 

Apportionments 140 

Arson 178 

Assessor r 174 

Attorney General 156 

Attorney, Commonwealth's .... 163 

Attorney County 169 

Auditor 155 

His report 156 

B 

Bill of Rights 149 

Board of Equalization 158 

Board of Supervisors 174 

Burglary 178 



INDEX, 



235 



c 

City Government 183 

Clerk of Appellate Courts ... 160 

Clerk of Circuit Courts 162 

Clerk of County Courts 169 

Commissioner of Agriculture , . .153 

Commissioner of Mines 154 

Compact with Virginia 132 

Constable 172 

Constitution, First 133 

Constitution, Second 136 

Constitution, Present . . .... 139 

Constitution of Kentucky . . . . 191 

Coroner 176 

Counterfeiting 179 

County Surveyor 179 

Courts, Kinds of 159 

Court of Appeals 160 

Superior Court 162 

Circuit Courts 162 

County Courts 167 

Quarterly Courts 170 

Magisterial Courts 171 

Franklin Circuit Court 170 

Crimes and Punishments 177 

D 

Districts— 

Appellate rSj 

Circuit Court 188 

Congressional 190 

Senatorial 186 

E 

Elections and Returns 179 

Embezzlement 179 

Executive Department 149 

F 

Felony 177 

Forgery 179 

G 

Governor /149 



H 

House of Representatives . . . 140-143 

J 

Jailer 175 

Judges — 

Appellate 160 

Superior Court 162 

Circuit 163 

County 167 

Judicial Department 159 

Juries 164 

K 

Kentucky 129 

Kentucky District 132 

Kentucky, Separation fiom Va. . . 132 

L 

Larceny 178 

Law. First enacted 134 

Legislation 146 

Legislative Department 140 

Legislature First 134 

Legislature, Organization of ... . 143 

Lieutenant Governor 150 

Local Government 127 

M 

Maiming 178 

Manslaughter 177 

Misdemeanor 177 

Municipal Government 183 

Murder 177 

P 

Part Third 127 

Perjury 178 

Public Printer 159 

R 

Register Land Office 157 

Robbery 177 

S 

Secretary of State 152 

Senate 141 



236 



INDEX. 



Shelby Isaac 134 

Sheriff 173 

State Geologist 153 

State Librarian 159 

Supt, Public Schools . 175 



Supt. Public Instruction 

T 



Treason 
Treasurer 



15/ 



17- 
1543 




HI 1 83 j| 






S* «fc>. ' 



.«? * 









iP *, 







. °o 



.^°«* 











A 



•• S> 











<* *'TT 



' * «? <*>•, o 1 ! 






■*• 



. » * A 



<* *'T 






^w&> : >*°** -urn?* s^ *^^* : r 







< /V 



■ 




V) 



V* /*' 




mam 






•■TV*' A& *> 

0* *-\^N °o 



•<$> 















>^~ sr- **bv* 






^O 1 
<5 °«* 









• .4 <?* *.l 



/ AW/ 



v "*, 





NOV 82 

T N. MANCHESTER, 
■^ INDIANA 46962 













